TITLE 1
ADMINISTRATION AND PERSONNEL

Chapters:

1.01 Organization of Municipal Government

1.02 Mayor and Council

1.03 Municipal Court

1.04 Municipal Agencies

1.05 Municipal Employees

1.06 Historical Museum

1.07 Small Works Roster

1.08 Civil Service Commission

1.09 Reserve Police Force

1.10 Legal Actions Against City Officials and Employees

1.11 Hearing Examiner

1.12 Use of Credit Cards

1.13 Public Records Disclosure

1.14 Computer Network, E-Mail and Internet Use Policy

1.15 Drug and Alcohol Policy

1.16 Salary Commission

1.17 Enforcement

Chapter 1.01
Organization of Municipal Government

Sections:

1.01.010 Adoption of optional municipal code.

1.01.015 Re-enactment and ratification of ordinances.

1.01.020 Deposit of public funds.

1.01.030 Designation of official newspaper.

1.01.040 Posting agendas and other official City documents.

1.01.050 Bids for publication of legal notices and ordinances.

1.01.060 Ordinances--Two readings required.

1.01.010 Adoption of optional municipal code.

  The City of DuPont, Washington elects to be classified as a noncharter code City, under the Mayor-Council plan of government, as provided for in RCW Title 35A, the optional municipal code.  (Ord. 83, Aug. 7th, 1970).

1.01.015 Re-enactment and ratification of ordinances.

  The Council hereby re-enacts and ratifies all ordinances and resolutions which have been adopted, and all actions which have been taken, by the City Council of the City of DuPont since January 1, 1977, excepting only those which have been amended or repealed by subsequent ordinances or resolutions, or those which have by their terms expired.  (Ord. 317 § 1, June 5th, 1985).

1.01.020 Deposit of public funds.

  The Clerk-Treasurer shall designate a suitable bank or banks in Pierce County, Washington, as depository for public funds of the City, and shall secure from such depository evidence of compliance with the laws of the State of Washington governing depositories of public funds.  (Ord. 2, June 14th, 1951).

1.01.030 Designation of official newspaper.

  The TACOMA NEWS TRIBUNE, a newspaper of general circulation within the City of DuPont, is hereby designated as the official newspaper of the City.  (Ord. 176, June 9th, 1976).

1.01.040 Posting agendas and other official City documents.

  The agenda of all public meetings shall be posted on official bulletin boards throughout the community as recommended by the City Clerk and approved by the City Council.  All posting of such meetings will be made no less than 48 hours prior to any such meeting.  (Ord. 228 §§ 1, 2, Oct. 10th, 1979; Ord. 00-661 § 1).

1.01.050 Bids for publication of legal notices and ordinances.

  The method of calling for bids for the publication of notices and newspaper publications required by law, as provided by RCW 35.23.352(4) shall be as follows:

(a) On or prior to November 15th of each calendar year the Clerk shall direct to each legal newspaper of general circulation in the City of DuPont a letter inviting bid proposals for such publication during the ensuing calendar year, such proposals to be submitted no later than the date of the first regular council meeting in December.

(b) At such meeting the Council will by motion award such contract for the ensuing year.  (Ord. 321 § 1, Nov. 13th, 1985).

1.01.060 Ordinances--Two readings required.

  The City Council shall:

(a) Consider all ordinances on first reading at a regular City Council meeting by discussion and setting a date for second reading at another regular meeting.

(b) Consider adoption of an ordinance at a regular meeting after discussion on a second reading, unless the ordinance is approved by four affirmative votes of the City Council at first reading.  (Ord. 506 §§ 1, 2, Oct. 25th, 1994; Ord. 97-557 §§ 1, 2; Ord. 00-662 § 1).

Chapter 1.02
Mayor and Council

Sections:

1.02.010 Election and qualification of candidates.

1.02.020 Time and place of Council meetings.

1.02.025 Council Rules.

1.02.030 Municipal expenditures.

1.02.050 Designated official.

1.02.010 Election and qualification of candidates.

(a) A general municipal election shall be held in the City of DuPont once each year.  Special elections shall be held as the Council shall from time to time determine to be necessary.

(b) General elections shall be held in November of each year, at the time and in the manner provided by laws for general elections in the State of Washington.

(c) Elective officers within the City of DuPont shall be a Mayor and seven Council members, for terms as provided by law.  All other municipal offices shall be filled by appointment of the Mayor or by action of the Council as provided by law or municipal ordinance.

(d) No person shall be eligible to hold elective office within the City who shall not be a resident thereof, and who for a period of at least 30 days immediately preceding the date of his election shall not continuously have been such a resident, and who shall not be a registered voter within the City at the time of his declaration of candidacy.

(e) Nomination of candidates for all municipal elections shall be by the filing of a written declaration of candidacy by the candidate with the Clerk-Treasurer.  Such declarations shall be filed not earlier than the last Monday of July nor later than the next succeeding Friday in the year such election is held.  The declaration shall be in the form prescribed by RCW 29.18.030.

(f) No filing fee shall be required of the person filing the declaration.

(g) The Clerk-Treasurer shall certify the names of all qualified candidates for office who have filed declarations of candidacy to the Pierce County Auditor at least 35 days before the date fixed for the primary election.  (Ord. 197, Sept. 14th, 1977; Ord. 05-798 § 1).

1.02.020 Time and place of Council meetings.

(a) The City Council shall meet in regular session on the second Tuesday and fourth Tuesday of each month at 7:00 p.m. at the DuPont City Hall/Community Center, 303 Barksdale Avenue, DuPont, Washington.

(b) The City Council shall hold special meetings at such times and for such purposes as required by circumstances, when called by the Mayor or Council in the manner prescribed by law.  (Ord. 102, May 13th, 1971; Ord. 318 § 1, July 10th, 1985; Ord. 450 § 1, April 8th, 1992; Ord. 468, Dec. 8th, 1992; Ord. 477 § 1, May 25th, 1993).

1.02.025 Council Rules.

  The City Council of the City of DuPont hereby adopts the City of DuPont Council Rules in the form attached to the ordinance codified in this section as Exhibit “A” in its entirety as if fully set forth herein.  (Ord. 04-770 § 1).

1.02.030 Municipal expenditures.

(a) The Mayor is hereby authorized to expend such funds from municipal accounts as may from time to time be required to pay necessary administrative expenses of the City.  Such administrative expenses shall be deemed to include payment for goods and services furnished to the City by its suppliers and vendors.

(b) All records of municipal expenditures shall be open to public inspection at the City Hall during normal business hours.  (Ord. 277 §§ 1,2, Dec. 9th, 1981).

1.02.050 Designated official.

(a) The Mayor is hereby identified as the “designated official” of the City for the purposes of Chapter 35.43 RCW, et seq.

(b) The Mayor is authorized to execute on behalf of the City of DuPont all documents necessary to effectuate the creation and funding of any local improvement district which may hereafter be authorized by ordinance.  (Ord. 367 §§ 1,2, Aug. 10th, 1988).

Chapter 1.03
Municipal Court

Sections:

1.03.010 Establishment of municipal court.

1.03.010 Establishment of municipal court.

(a) There is established a municipal court, to be entitled the Municipal Court of DuPont.

(b) The Municipal Court shall have the jurisdiction and shall exercise all of the powers declared to be vested therein by Chapter 3.50 RCW, together with such other powers and jurisdiction generally conferred in the State of Washington by common law or by statute upon municipal courts.

(c) The practice and procedure established in Chapter 3.50 RCW are adopted as the practice and procedure for the municipal court.  (Ord. 128, Sept. 12th, 1973).

Chapter 1.04
Municipal Agencies

Sections:

1.04.010 Park agency.

1.04.020 Planning agency.

1.04.010 Park agency.

  See Chapter 10.01 DMC.

1.04.020 Planning agency.

(a) The City of Dupont Planning Agency, established pursuant to RCW 35A.63.020, shall consist of five members appointed by the Mayor, subject to the approval of the City Council.  Persons so appointed shall be selected pursuant to the selection procedure on file with the City Clerk.

The Planning Agency, in addition to its functions as defined by statute, shall act as a planning advisory body to the Mayor and Council as they shall from time to time request.  No person shall serve on the Planning Agency who is not a resident of Dupont.

The Planning Agency shall adopt rules of procedure to govern their actions.

A chairperson shall be selected by a majority vote of the members.  This language requires only a bare majority (a majority of those actually present and voting) in order to approve the chairperson.

(b) Planning Agency members shall be assigned to numbered positions and shall serve for staggered three-year terms commencing on April 1st of the year of their appointment and next expiring on the dates hereafter set forth:

Position Number: Expiration Date:

      1 March 31st, 1994

      2 March 31st, 1995

      3 March 31st, 1995

      4 March 31st, 1996

      5 March 31st, 1996

The Planning Agency shall, at its first meeting in April of each year, select from its membership a chairperson who shall preside over its meetings.  In his absence, the senior member present shall act as chairperson for that meeting.  The chairperson or acting chairperson shall be a voting member of the Agency.

(c) In the event that a position becomes vacant prior to expiration of the term therefor, the person appointed to fill the vacancy shall serve for the balance of such unexpired term.

(d) No person shall be eligible to serve on the Planning Agency for more than two consecutive full terms (six years).

(e) Three consecutive unexcused absences from regular and special Planning Agency meetings will automatically terminate the appointment and render the position vacant.

(f) The Clerk-Treasurer will maintain all records pertaining to the Planning Agency, including appointment dates, terms of office, and absences, whether excused or unexcused.  (Ord. 100, Oct. 30th, 1970; Ord. 233 §§ 1, 2, Nov. 21st, 1979; Ord. 498 §§ 1--6, March 22nd, 1994; Ord. 00-664 §§ 1, 3).

Chapter 1.05
Municipal Employees

Sections:

1.05.001 Council confirmation.

1.05.005 City Administrator.

1.05.010 City Clerk.

1.05.012 City Clerk agent responsible to receive claims for damages.

1.05.020 Superintendent of Utilities.

1.05.024 Building Official.

1.05.025 Building Inspector/Plans Examiner.

1.05.030 Marshal.

1.05.035 Deputy Marshal.

1.05.040 Attorney.

1.05.050 Engineer.

1.05.060 Holidays and vacations.

1.05.065 Shared leave.

1.05.070 Mileage reimbursement.

1.05.080 Participation in retirement system.

1.05.090 Administrative Assistant.

1.05.100 Auditing Officer.

1.05.110 City Planner.

1.05.120 SEPA Coordinator.

1.05.130 Fire Chief.

1.05.131 Fire Chief--Excluded from Civil Service Commission.

1.05.140 Accounting Technician.

1.05.150 Clerk/Cashier.

1.05.160 Support Services/Finance Director.

1.05.001 Council confirmation.

(a) Pursuant to the provisions of RCW 35A.12.090, confirmation of mayoral appointments of administrative officers and department heads is required by a majority of the Council membership.

(b) All positions concerned in this section will have a job description developed by the Mayor and City Council.  In those instances where a job description does not exist the Mayor and City Council will together develop a job description for new hires prior to their employment.

(c) This section shall apply to members of municipal agencies, boards, or commissions. (Ord. 497 §§ 1, 2, 3, Jan. 24th, 1994).

1.05.005 City Administrator.

(a) There is hereby created and established the position of City Administrator.  Such office shall be filled by appointment by the Mayor in the manner provided by law.

(b) Before entering upon the duties of such office any person appointed to fill the office of City Administrator shall demonstrate or have demonstrated a working knowledge of:

(1) Considerable knowledge of modern policies and practices of public administration.

(2) Working knowledge of municipal finance, human resources, public works, public safety, and community development.

(3) Skill in preparing and administering budgets.

(4) Skill in planning, directing and administering municipal programs.  (Ord. 491 §§ 1, 2, Nov. 9th, 1993).

1.05.010 City Clerk.

(a) The Mayor shall appoint a City Clerk in the manner provided by law.  The Clerk shall hold office during the pleasure of the Mayor.

(b) The Clerk shall perform all duties required of a municipal clerk or a municipal treasurer by law or by ordinance, or ordinarily appertaining thereto.  In addition, the Clerk shall meet such qualifications and perform such functions as are set out in a position description to be approved as set out in DMC 1.05.001.  In any case where the law requires the execution of any paper or document by the Treasurer it shall be sufficient if the Clerk-Treasurer signs as Clerk.

(c) The Clerk shall furnish to the City a surety bond, conditioned for the faithful performance of his or her duties, in the amount of $1,000, which bond shall be filed with the Mayor.  The premium for such bond shall be paid by the City.  (Ord. 7, July 12th, 1951; Ord. 18, Feb. 14th, 1952; Ord. 00-687 § 1).

1.05.012 City Clerk agent responsible to receive claims for damages.

  The City Clerk, and in the absence of the City Clerk, the Deputy City Clerk, is hereby appointed to be the City agent responsible to receive claims for damages made under Chapter 4.96 RCW.  The City Clerk (or Deputy Clerk) shall be available to receive claims for damages during normal City Hall business hours at DuPont City Hall, 303 Barksdale Avenue, DuPont, Washington 98327.  (Ord. 04-780 § 1).

1.05.020 Superintendent of Utilities.

(a) The Mayor shall appoint a Superintendent of Lights, Water and Sanitation in the manner provided by law.  The Superintendent of Lights, Water and Sanitation shall hold office during the pleasure of the Mayor.

(b) The Superintendent of Lights, Water and Sanitation shall be under the immediate supervision of the Mayor.  The respective Council chairmen will act as policy directors and the Superintendent will coordinate and work with them in formulating plans and recommendations.  All disagreements shall be resolved by the Mayor, with the advice of the Council where appropriate.

(c) The responsibilities of the Superintendent of Lights, Water and Sanitation are as follows:

(1) Water--complete responsibility and supervision of the municipal water system, including day to day operational surveillance.

(2) Electric--minor replacement maintenance, meter reading, and day to day operational surveillance, including street and alley lights.

(3) Sanitation--maintenance of any municipal sanitary fill, and inspection and sanitary action on municipal land.  (Ord. 87, Jan. 8th, 1970).

1.05.024 Building Official.

(a) The Mayor shall appoint a Building Official in the manner provided by law.  The Building Official shall hold office at the pleasure of the Mayor.

(b) The Building Official shall perform all duties required of a Building Official by law or by ordinance or ordinarily pertaining thereto.  In addition the Building Official shall meet such qualifications and perform such functions as are set out in a position description to be approved as set out in DMC 1.05.001.  (Ord. 00-684 § 1).

1.05.025 Building Inspector/Plans Examiner.

(a) There is hereby created and established the position of Building Inspector/Plans Examiner.  Such office shall be filled by appointment by the Mayor in the manner provided by law.

(b) Before entering upon the duties of such office any person appointed to fill the office of Building Inspector/Plans Examiner shall demonstrate or have demonstrated a working knowledge of:

(1) Have three years full-time increasingly responsible work in construction inspection and code enforcement.

(2) Received ICBO Certification as a Building Inspector and Plans Examiner and an ability to obtain Mechanical, Plumbing and DSHS Cross Connection Specialist Certification within one year.

(3) A background in commercial construction and/or graduation from a vocational school or college with an emphasis in building construction or fire science.  (Ord. 490 §§ 1, 2, Nov. 9th, 1993).

1.05.030 Marshal.

(a) The senior police officer shall be designated Chief of Police and shall have one or more police officers assigned to assist him in the performance of his official duties.

(b) The Marshal shall be responsible for and in charge of policing and patrolling the City, and the enforcement of all criminal laws and ordinances within the City.  He shall perform such duties and exercise such powers as may be defined by law or ordinance.  (Ord. 358 § 2, Mar. 9th, 1988).

1.05.035 Deputy Marshal¹.  The Mayor may appoint a full-time Deputy Marshal who shall serve at the pleasure of the Mayor.  (Ord. 221 § 1, Apr. 11th, 1979).

1.05.040 Attorney.

  The Mayor shall appoint a City Attorney who shall be an attorney licensed to practice law in the State of Washington.  The City Attorney shall hold office during the pleasure of the Mayor.  (Ord. 4, July 14th, 1951).

1.05.050 Engineer.

  The Mayor shall appoint a City Engineer, who shall be an engineer licensed to practice in the State of Washington.  The City Engineer shall hold office during the pleasure of the Mayor.

1.05.060 Holidays and vacations.

(a) A “regular salaried employee” of the City of DuPont is an employee who has worked an average of 100 or more hours per month for the preceding six months.

(b) Usual hours of work for all regular salaried employees shall be from 9:00 a.m. to 5:00 p.m. five days per week.  Hours of work shall be adjusted at the discretion of the Mayor.  This section shall not apply to public safety employees.

(c) Any time worked in addition to the normal hours of work shall be compensated at the rate of one hour compensatory time for each hour worked over the normal work week.  Compensatory time should be awarded as soon as possible at the Mayor’s discretion.

(d) Each regular salaried employee shall be granted paid annual vacation leave as follows:

One to five years of service--one vacation day for each month worked,
to a maximum of 10 earned annual vacation days.

Six years’ service and above--15 annual vacation days.

(e) Every regular salaried employee shall be entitled to the following paid holidays:

HOLIDAY DATE TO BE OBSERVED

      New Year’s Day January 1

      Rev. Dr. Martin Luther

  King’s Birthday Third Monday in January

      President’s Day Third Monday in February

      Memorial Day Last Monday in May

      Independence Day July 4

      Labor Day First Monday in September

      Veterans Day November 11

      Thanksgiving Day Fourth Thursday in November

      The Day after Thanksgiving Fourth Friday in November

      Christmas December 25

      One Floating Holiday At employee’s choice

(Ord. 361 §§ 1--5, June 8th, 1988).

1.05.065 Shared leave.

(a) Intent.  The purpose of shared leave is to permit City employees, at no additional employee cost to the City other than the administrative costs of administering the program, to come to the aid of a fellow City employee who is suffering from or has an immediate family member suffering from an extraordinary, life-threatening, prolonged medical condition, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment.

(b) Conditions.  A department director, with the approval of executive administration, may permit an employee to receive shared leave under this section if:

(1) The employee suffers, or has an immediate family member suffering from, an illness, injury, impairment, or physical or mental condition which is an extraordinary, life-threatening, prolonged medical condition, injury, impairment, or physical or mental condition that will require the employee to be off from work for 20 consecutive working days or more and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the City.

(2) The employee has completed six months of the applicable City probationary period.

(3) The employee has depleted or will shortly deplete his or her total accrued vacation, sick leave, compensatory time, and floating holidays.

(4) Prior to the use of shared leave, the employee has abided by the City’s sick leave policy.

(5) The employee has diligently pursued and is found to be ineligible for State industrial insurance benefits.

(6) The use of shared leave will not significantly increase the City’s costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the employee’s department.

(7) For employees eligible for unpaid FMLA leave, shared leave must be used concurrently as the unpaid FMLA.

(8) The policy will not ordinarily apply to short-term or sporadic conditions or illnesses.  This would include such things as sporadic, short-term recurrences of chronic allergies or conditions; short-term recurring medical or therapeutic treatments.  These examples are illustrative, not all-inclusive.  Each case must be examined and decided by the department head with concurrence of the City Administrator based on its conformity to policy intent and must be handled consistently and equitably.

(c) Amount of Leave.  The department head, with the concurrence of the Mayor or designee, shall determine the amount of shared leave, if any, which a donee employee may receive under this chapter.  The department head shall determine when shared leave is no longer needed due to a change in circumstances.  The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition.  An employee shall not receive more than a total of 1,040 hours of shared leave (prorated for part-time employees) throughout the employee’s entire employment.  To the extent possible, shared leave should be used on a consecutive basis.

(d) Leave.  Donor employees must submit a request to their department head to approve the transfer of a specified amount of accrued sick or vacation leave to a donee employee who is authorized to receive shared leave as provided in this chapter.  All transfers of leave must be voluntary.  In order to be eligible to donate vacation leave, a donor employee must have a total of more than 80 hours of accrued vacation leave.  In no event shall a transfer of leave be approved which would result in a donation which would result in reducing his or her total vacation leave in a calendar year to less than 80 hours.  In order to transfer sick leave, an employee must have a total of more than 40 hours of accrued sick leave.  In no event shall a transfer be approved which would result in an employee reducing his or her total sick leave to less than 40 hours.

(e) Value of Shared Leave.  All donated leave shall be converted to a dollar-based value based on the donor’s straight time hourly rate at the time of donation.  Such dollar value will then be divided by the receiving employee’s hourly rate to determine the actual number of hours received.

(f) Unused Donated Leave.  The value of any leave transferred under this program that remains unused will be returned at its original value to the employee or employees who donated the leave.  To the extent administratively feasible, the unused leave shall be returned on a pro rata basis.

(g) Employee Status.  While a donee employee is using shared leave, he or she will continue to be classified as a city employee and shall receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation leave.

(1) All salary benefit payments made to the donee employee on shared leave shall be made by the department employing the person using the shared leave.

(2) The donee employee’s salary rate shall not change as a result of being on shared leave nor, under any circumstances, shall the total of the donee employee’s salary and other benefits, including but not limited to State industrial insurance or any other benefit received as a result of payment by the City to an insurer or health care provider, exceed the total salary and benefits which the donee employee would have received had he or she been in a regular pay status.

(3) Employees using shared leave are not entitled to State retirement service credit during the period they are using the shared leave hours.

(h) Monitoring of Leave.  The payroll department shall monitor the use of shared leave with the objective of establishing uniform administration of this program for all employees of the City.  The Finance Director shall determine the appropriate fund transfers and budget amendments as needed for City Council action.  Records of all leave time transferred shall be maintained.  (Ord. 00-672 § 1; Ord. 07-837 § 1).

1.05.070 Mileage reimbursement.

  When any official or employee of the City of DuPont, being duly authorized to do so, uses a private automobile in connection with the performance of his/her duties for the City, he/she shall pay all the costs of operation thereof, of every nature and kind, and may be reimbursed by the City for such use at the rate of $0.28 per mile travelled.  Such payments shall be paid out of the respective funds of the City chargeable therefor.  All such payments shall be made only on submission of a written voucher signed by the claimant, which shall show the mileage traveled, the places to which trip was taken, date of travel, time of travel, and nature of authority for such travel.  (Ord. 474 § 2, Jan. 12th, 1993).

1.05.080 Participation in retirement system.

  The membership and participation of its eligible employees in the Washington Public Employees Retirement System, pursuant to RCW 41.40.410, is approved.  The Clerk-Treasurer is authorized to expend the necessary funds to cover

the share of payments attributable to the City for their participation in such system.  (Ord. 146, July 10th, 1974).

1.05.090 Administrative Assistant.

  There is hereby created and established the position of Administrative Assistant to the Mayor.  Such office shall be filled by appointment by the Mayor, and any person so appointed shall hold such office during the pleasure of the Mayor.  (Ord. 204 § 1, Jan. 11th, 1978).

1.05.100 Auditing Officer.

(a) Pursuant to RCW 42.24.080 and the recommendation of the State Auditor’s Office, the position of Auditing Officer for the City of DuPont is hereby established.

(b) The Finance Manager of the City of DuPont shall fill the position of Auditing Officer for the City of DuPont during his or her tenure in office and without compensation beyond that fixed for the duties of said position.

(c) The duties of Auditing Officer shall be limited to those specifically enumerated in Chapter 42.24 RCW.  (Ord. 288 §§ 1--3, Sept. 8th, 1982; Ord. 544, Sept. 24th, 1996; Ord. 00-688 § 1).

1.05.110 City Planner.

(a) There is hereby created and established the position of City Planner.  Such office shall be filled by appointment by the Mayor in the manner provided by law and confirmed by the Council.

(b) Before entering upon the duties of such office, any person appointed to fill the office of City Planner shall demonstrate or have demonstrated a working knowledge of:

(1) City zoning ordinances, comprehensive plans and capital improvement plans, City subdivision and building codes;

(2) The State of Washington Environmental Policy Act, Chapters of the Washington Administrative Code and City ordinances implementing the same;

(3) The State of Washington Coastal Zone Management Act and City of DuPont Shorelines Master Program;

(4) Demonstrate or have demonstrated competency in writing and administering State and Federal Grants-in-Aid.  (Ord. 306 §§ 1, 2, Sept. 12th, 1984).

1.05.120 SEPA Coordinator.

(a) There is hereby created and established the position of SEPA Coordinator which shall be filled by appointment by the Mayor in the manner provided by law.

(b) Before entering upon the duties of such office, any person appointed to fill the office of SEPA Coordinator shall demonstrate or have demonstrated a working knowledge of:

(1) City zoning ordinances, comprehensive plans and capital improvement plans, City subdivision and building codes;

(2) The State of Washington Environmental Policy Act, Chapters of the Washington Administrative Code and City ordinances implementing the same;

(3) The State of Washington Coastal Zone Management Act and City of DuPont Shorelines Master Program.  (Ord. 406 §§ 1, 2, Mar. 14th, 1990).

1.05.130 Fire Chief.

  The Mayor may appoint a salaried Fire Chief who will serve at the pleasure of the Mayor.  (Ord. 218 § 1, Mar. 22nd, 1979).

1.05.131 Fire Chief--Excluded from Civil Service Commission.

  The office of Fire Chief in accordance with RCW 41.08.050 is hereby excluded from the provisions of the DuPont Civil Service Commission.  (Ord. 01-697 § 1).

1.05.140 Accounting Technician.

  There is hereby created and established the position of Accounting Technician.  Such office shall be filled by appointment by the Mayor in the manner provided by law.  (Ord. 505 § 1, Oct. 11th, 1994).

1.05.150 Clerk/Cashier.

  There is hereby created and established the position of Clerk/Cashier.  Such office shall be filled by appointment by the Mayor in the manner provided by law.  (Ord. 505 § 2, Oct. 11th, 1994).

1.05.160 Support Services/Finance Director.

(a) There is hereby created and established the position of Support Services/Finance Director.  Such office shall be filled by appointment by the Mayor in the manner provided by law.  The Support Services/Finance Director shall hold office at the pleasure of the Mayor.

(b) The Support Services/Finance Director shall meet such qualifications and perform such functions as are set out in a position description to be approved as set out in DMC 1.05.001.

(c) The Support Services/Finance Director, or his or her appointee, shall be authorized to use all legal remedies available to collect on delinquent accounts, penalties, fines, fees and all other manner of monies owed to the City.

(d) The Support Services/Finance Director shall furnish the City a surety bond, conditioned for the faithful performance of his or her duties, in the amount of $50,000, which bond shall be filed with the Mayor.  The premium for such bond shall be paid by the City.  (Ord. 00-688 § 2; Ord. 05-801 § 1).

Chapter 1.06
Historical Museum

Sections:

1.06.010 Established.

1.06.020 Ownership.

1.06.030 Operation.

1.06.010 Established.

  The City of DuPont hereby establishes the DuPont Historical Museum, devoting municipal property at 209 Barksdale Avenue to that purpose.  (Ord. 284 § 1, Mar. 10th, 1982).

1.06.020 Ownership.

  The City of DuPont retains ownership of the property, buildings and artifacts of the DuPont Historical Museum.  The City shall own all artifacts acquired in the future and shall be responsible for building maintenance and utility bills on an ongoing basis.  (Ord. 284 § 2, Mar. 10th, 1982).

1.06.030 Operation.

  A citizens committee to be known as “The DuPont Museum Steering Committee” shall be responsible for the operation of the DuPont Historical Museum.  (Ord. 284 § 3, Mar. 10th, 1982).

Chapter 1.07
Small Works Roster

Sections:

1.07.010 Established.

1.07.020 Procedure.

1.07.030 Utilization.

1.07.010 Established.

  There is established for the City of DuPont a small works roster comprised of all contractors who request to be on the roster and who are, where required by law, properly licensed or registered to perform contracting work in the State of Washington.  (Ord. 467 § 1, Dec. 8th, 1992).

1.07.020 Procedure.

  The small works roster shall be established as follows:

(a) At least once every year, the City of DuPont shall advertise in a newspaper of general circulation the existence of a small works roster for the City of DuPont.  The City shall add to the roster those contractors who respond to the advertisement and request to be included on the roster.

(b) In order to be included on the roster, the contractor shall supply information as follows in response to a standard form questionnaire to be developed at the direction of the City Council:

(1) The contractor’s State license or registration, where required by law;

(2) The contractor’s financial standing and responsibilities;

(3) The contractor’s experience, organization, and technical qualifications necessary to perform proposed contracts;

(4) The contractor’s ability to comply with the required performance schedules taking into consideration its existing business commitments;

(5) The contractor’s satisfactory record of performance, integrity, judgment, and skills;

(6) The contractor’s ready availability to perform work in and for the City of DuPont;

(7) Such other information as may be secured concerning the contractor’s ability to satisfactorily perform a contract with the City of DuPont.

(c) The questionnaire required in subsection (b) of this section shall be sworn before a notary public, and shall be submitted once a year and at such other items as the DuPont City Council shall require.  (Ord. 467 § 2, Dec. 8th, 1992).

1.07.030 Utilization.

  The small works roster shall be utilized as follows:

(a) Whenever the City of DuPont seeks to construct any public work or improvement, the estimated cost of which, including costs of material, supplies and equipment, is $200,000 or less, the small works roster may be utilized.

(b) When the small works roster is utilized, the City of DuPont shall invite proposals from all appropriate contractors on the small works roster including, whenever possible, at least one proposal from a minority-owned or women-owned construction firm who otherwise qualifies.

(c) The invitation to the contractor on the small works roster shall include an estimate of the scope and nature of the work to be performed and materials and equipment to be furnished, and any other requirements which are necessary to project the interest of the City.

(d) When awarding a contract for work under the small works roster, the City of DuPont shall award the contract to the contractor submitting the lowest responsible bid; provided, however, that the City of DuPont reserves its right under applicable law to reject any or all bids, and to waive procedural irregularities.  (Ord. 467 § 3, Dec. 8th, 1992; Ord. 01-704 § 1).

Chapter 1.08
Civil Service Commission

Sections:

1.08.010 Meeting time, place.

1.08.020 Staff support.

1.08.010 Meeting time, place.

  The Civil Service Commission of the City of DuPont, heretofore constituted pursuant to RCW 41.12.030, shall regularly meet at 6:00 p.m. on the first Wednesday of each month at the DuPont City Hall, unless such date shall be a legal holiday, in which case it shall meet at such time and place on the following Wednesday; provided, that on proper notice the Civil Service Commission may alter such times.  (Ord. 532 § 1, March 26th, 1996; Ord. 03-738 § 1).

1.08.020 Staff support.

  The City staff shall perform such services as the Civil Service Commission may reasonably require in the performance of its statutory functions.  (Ord. 532 § 2, March 26th, 1996).

Chapter 1.09
Reserve Police Force

Sections:

1.09.010 Established.

1.09.020 Duties.

1.09.030 Membership.

1.09.040 Chief of Police.

1.09.050 Powers.

1.09.060 Compensation.

1.09.070 Liability.

1.09.080 Physical examination.

1.09.010 Established.

  There is hereby created and established a Reserve Police Force of up to 15 members.  Each member shall be appointed by the Chief of Police and confirmed by the Mayor of the City of DuPont.  The Reserve Police Force shall function as a unit of the City of DuPont and under the supervision of the Chief of Police of the City of DuPont.  (Ord. 533 § 1, April 9th, 1996; Ord. 05-791 § 1).

1.09.020 Duties.

  The duties of the Reserve Police Force are to supplement the Regular Police Force; to aid in the control of traffic and maintenance of order at parades and general policing of large assemblies of people; to assist the Regular Police in the protection of life, property, and preservation of peace and order, and to perform such other duties as may from time to time be assigned to them by the Chief of Police of the City of DuPont.  (Ord. 533 § 2, April 9th, 1996).

1.09.030 Membership.

(a) To be eligible for membership in the Reserve Police Force each applicant must file application with the Chief of Police of the City of DuPont, and indicate his willingness to serve an average minimum of 16 hours per month in the public service.  The Reserve Police Force is not subject to civil service rules and regulations.  No member of the Reserve Police Force shall be regarded as a City employee for any purpose.

(b) A member of the Reserve Police Force shall:

(1) Be a citizen of the United States;

(2) Be 21 years of age;

(3) Be trustworthy and of good moral character;

(4) Not have been convicted of a felony or any offense involving moral turpitude;

(5) Furnish own uniform;

(6) Complete 220 hours of Reserve Academy Training prior to appointment.  After 400 hours of continuous training, the Reserve Officer will be tested on the information learned to determine their continued qualification as a Reserve Police Officer.

(c) The Chief of Police is hereby authorized to furnish each member of the Reserve Police Force with a membership identification card and police badge.  The membership identification card is to be carried by such member at all times, and the police badge is to be worn only when the Reserve Police Officer is authorized to wear the prescribed uniform.

(d) Membership of any person in the Reserve Police Force may be revoked with or without cause at any time by the Chief of Police.  Any member of the Reserve Police may resign upon written notification to the Chief of Police.  Upon separation from the organization, all equipment issued to him by the City of DuPont must be surrendered to the Chief of Police within five (5) days.  (Ord. 533 § 3, April 9th, 1996).

1.09.040 Chief of Police.

  The Chief of Police is the commanding officer of the Reserve Police Force.  The Police Chief shall be responsible for establishing a training program, promulgating rules and regulations for their conduct, prescribing their uniform, and supervising their performance of duty.  (Ord. 533 § 4, April 9th, 1996).

1.09.050 Powers.

  Members of the Reserve Police Force shall have all those powers vested in them by the Chief of Police while in the performance of officially authorized duties, but under no circumstances shall said Reserve Police Officers exercise any power while not in the performance of duties ordered by the Chief of Police or by a Regular Police Officer.  When riding in the police vehicle, the Reserve Police Officer is the back-up person and the Regular Police Officer is in charge.  All Reserve Officers will come under the direct supervision of a Regular Officer of the DuPont Police Department at all times while on duty.  (Ord. 533 § 5, April 9th, 1996).

1.09.060 Compensation.

  Members of the Reserve Police Force shall serve without compensation, but the City Council may, in its discretion, pay all or part of the cost of furnishing uniforms and equipment when the appropriation therefor has been indicated as an item in the City civil defense or police budget, as it may choose.  (Ord. 533 § 6, April 9th, 1996).

1.09.070 Liability.

  The City of DuPont may register all regular members of the Reserve Police Officers as civil defense workers so that in the event of injury or death in the performance of duty, such Reserve

Police Officer or legal beneficiary will be eligible for any compensation available for this purpose as established by the State Legislature and administered by the State Department of Civil Defense.  (Ord. 533 § 7, April 9th, 1996).

1.09.080 Physical examination.

  All reserve personnel appointed to the DuPont Police Reserves shall be required to obtain a physical examination.  The physical examination will be arranged for by the department administration using the department’s appointed medical clinic.  The examination will consist of a thorough physical, audio, and eye examination.  The City of DuPont will pay for the examination.  The physical examination will be conducted and evaluated before the applicant is appointed to the DuPont Police Reserves.  Any applicant not passing the physical examination will be advised of the results.  (Ord. 533 § 8, April 9th, 1996).

Chapter 1.10
Legal Actions Against City Officials and Employees

Sections:

1.10.010 Purpose.

1.10.020 Definitions.

1.10.030 Request or motion for defense.

1.10.040 Defense and indemnification.

1.10.050 Legal representation.

1.10.060 Insurance.

1.10.070 Defense of recall charge.

1.10.010 Purpose.

  The purpose of this chapter is to provide for the pursuit and protection of the City’s interests by ensuring that City officials and employees will not be intimidated or deterred in the course of their duties.  To that end, it shall be the policy of the City of DuPont to provide a full and complete defense for, and to indemnify, City officials and employees who are the subject of an action or proceeding for damages arising out of the performance of their duties.  (Ord. 00-670 § 1).

1.10.020 Definitions.

  As used in this chapter, the term “City officials and employees” means all persons employed by the City of DuPont or serving the City of DuPont as elective or appointive officers, including those persons serving by contract in interim or other short-term positions, notwithstanding the fact that such official or employee may have concluded service or employment with the City.  (Ord. 00-670 § 2; Ord. 03-742 § 1).

1.10.030 Request or motion for defense.

(a)  Whenever an action or proceeding for damages is brought against any past or present City official or employee arising out of acts or omissions while performing or in good faith purporting to perform his or her official duties, such City official or employee may request that the City authorize the defense of the action or proceeding at the expense of the City.  Such request may be made orally or in writing, and may be made at any time, regardless of the date of filing of the action or proceeding for damages.

(b) Alternatively, when the City Council is aware that such an action or proceeding has been brought against any City official or employee, the City Council may upon its own motion consider the defense and indemnification of such official or employee.  (Ord. 00-670 § 3).

1.10.040 Defense and indemnification.

(a) Upon request or motion made pursuant to DMC 1.10.030, the City Council shall determine whether the acts or omissions of the City official or employee against whom an action for damages has been brought were or in good faith purported to be within the scope of his or her official duties, and whether such acts or omissions were dishonest, fraudulent, criminal or malicious.  In making such determination, the City Council may consult any authority deemed necessary.

(b) If the City Council determines that the acts or omissions of the City official or employee were or in good faith purported to be within the scope of his or her official duties, and that such acts or omissions were not dishonest, fraudulent, criminal or malicious, the City Council shall, by resolution, provide for the City’s payment of the necessary and reasonable expenses of defending the action or proceeding.

(c) If any such action or proceeding results in any monetary judgment against such City official or employee, the City Council shall, by resolution, provide for the City’s payment in full of the portion of such judgment not otherwise covered by any policy of insurance; provided, that the City Council shall have the full discretion in determining whether to pay such judgement as is granted to it by RCW 4.96.041.  Upon consideration of the particular facts of the case, the City Council may also provide for the City’s payment of any punitive damages included in such judgment; provided, however, that this provision for payment by the City of punitive damages on behalf of a City official or employee under this chapter shall not be construed as a waiver of the City’s immunity to punitive damages.  (Ord. 00-670 § 4).

1.10.050 Legal representation.

(a) When legal defense is provided to a City official or employee pursuant to DMC 1.10.040, such legal services shall be provided by the City Attorney, unless:

(1) Any provision of an applicable policy of insurance provides otherwise;

(2) A conflict of interest or ethical bar exists with respect to said representation; or

(3) The City Attorney appoints alternate legal counsel to the case.

(b) In the event that outside counsel is retained pursuant to subsection (a)(1) or (a)(3) of this section, the City shall indemnify the City official or employee from the reasonable costs of defense; provided, that in no event shall the City official or employee be indemnified for attorney’s fees in excess of the rates established by the City’s contract with the attorney selected by the City.  The City official or employee shall be liable for all attorney’s fees in excess of said rate.

(c) In the event that outside counsel is retained under subsection (a)(2) of this section, the City shall indemnify the City official or employee from the reasonable costs of defense; provided, that in no event shall the City official or employee be indemnified for attorney’s fees in excess of the then prevailing hourly rate in the DuPont area.  The City official or employee shall be liable for all attorney’s fees in excess of said rate.  (Ord. 00-670 § 5).

1.10.060 Insurance.

  Any defense and indemnification provided under this chapter shall be supplemental to any valid insurance policy covering such acts or omissions of City officials or employees.  Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance wherein the City or any City official or employee is named insured.  In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any official’s or employee’s right to full coverage pursuant to this chapter, it being the intent of this chapter to provide complete coverage outside and beyond insurance policies which may be in effect while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter.  (Ord. 00-670 § 6).

1.10.070 Defense of recall charge.

  Whenever a judicial hearing is held to determine the sufficiency of a recall charge as provided in RCW 29.82.023, the City Council may, upon request by the City official who is the subject of the recall proceeding, and upon approval of the City Attorney, provide, by resolution, for the City’s payment of the necessary expenses of defending the City official in such proceeding.  The expenses to be paid by the City may include costs associated with an appeal of the decision rendered by superior court concerning the sufficiency of the recall charge.  (Ord. 00-670 § 7).

Chapter 1.11
Hearing Examiner

Sections:

1.11.010 Creation of Hearing Examiner system.

1.11.020 Appointment and term.

1.11.030 Qualifications.

1.11.040 Freedom from improper influence.

1.11.050 Conflict of interest.

1.11.060 Rules.

1.11.070 Powers.

1.11.080 Authority.

1.11.010 Creation of Hearing Examiner system.

  The office of the DuPont Hearing Examiner, thereinafter referred to as the Examiner, is hereby created.  The Examiner shall interpret, review and implement land use regulations as provided by ordinance and may perform other quasi-judicial functions as are delegated by ordinance.  Unless the context requires otherwise, the term “Examiner” as used in this chapter shall include Deputy Examiners and Examiners Pro Tem.  (Ord. 01-699 § 1).

1.11.020 Appointment and term.

  The Mayor shall appoint the Examiner for a maximum term of one year.  The Mayor may also appoint Deputy Examiners or Examiners Pro Tem in the event of the Examiner’s absence or inability to act.  The City may terminate the agreement for Hearing Examiner services at any time with 30 days’ notice.  (Ord. 01-699 § 1).

1.11.030 Qualifications.

  Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings and to discharge other delegated functions.  Examiners shall hold no other elective or appointive office or position with City government.  (Ord. 01-699 § 1).

1.11.040 Freedom from improper influence.

  No person, including City officials, elected or appointed, shall attempt to influence an Examiner in any matter pending before him or her, except at a public hearing duly called for such purpose, or to interfere with an Examiner in the performance of his or her duties in any other way; provided, that this section shall not prohibit the City Land Use Counsel or City Attorney from rendering legal service to the Examiner upon request.  (Ord. 01-699 § 1).

1.11.050 Conflict of interest.

  The Examiner shall be subject to the same code of ethics as other appointed public officers in code cities, as set forth in RCW 35.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended.  (Ord. 01-699 § 1).

1.11.060 Rules.

  The Examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his or her office.  (Ord. 01-699 § 1).

1.11.070 Powers.

  The Examiner shall have the authority to:

(a) Receive and examine available information;

(b) Conduct public hearings in accordance with DMC Title 25, Chapter 42.32 RCW and all other applicable law, and to prepare a record thereof;

(c) Administer oaths and affirmations;

(d) Issue subpoenas and examine witnesses; provided, that no person shall be compelled to divulge information that he or she could not be compelled to divulge in a court of law;

(e) Regulate the course of the hearing;

(f) Make and enter written findings of fact and conclusions to support his or her decisions;

(g) At the Examiner’s discretion, hold conferences for the settlement or simplification of the issues;

(h) Conduct discovery;

(i) Dispose of procedural requests or similar matters;

(j) Take official notice of matters of law or material facts;

(k) Issue summary orders in supplementary proceedings; and

(l) Take any other action authorized by or necessary to carry out this chapter.

The above authority may be exercised on all matters for which jurisdiction is assigned to the Examiner by City ordinance, code or other legal action of the City Council.  The nature of the Examiner’s decision shall be as specified in each ordinance or code which grants jurisdiction to the Examiner.  (Ord. 01-699 § 1).

1.11.080 Authority.

  The Examiner shall have the exclusive authority to hold public hearings and make decisions on all applications, permits or approvals as described in DMC Title 25.  (Ord. 01-699 § 1).

Chapter 1.12
Use of Credit Cards

Sections:

1.12.010 Authorization to use credit cards for purchases.

1.12.020 Application.

1.12.030 Approved uses for credit card purchases.

1.12.040 Purchasing restrictions.

1.12.050 Reporting credit card charges.

1.12.060 Use of card for unauthorized charges.

1.12.010 Authorization to use credit cards for purchases.

  City departments of the City of DuPont, Washington, are authorized to use credit cards for official government purchases and acquisitions.  The purchasing card is to be used when a purchase order cannot be used and an open charge account is not available.  (Ord. 00-677 § 1).

1.12.020 Application.

  The Mayor, City Administrator, or his/her designee shall determine and approve assignment and use of credit cards.  The credit limit on each card will be set at $3,500.  (Ord. 00-677 § 2).

1.12.030 Approved uses for credit cards purchases.

  Credit cards may be used for the following purchases:

(a) Fuel, supplies and equipment--charges for supplies and equipment shall not exceed $250.00 per item without the approval of the Mayor, City Administrator, or his/her designee.

(b) Registrations.

(c) Travel and/or training expenses.

(d) Other items specifically authorized by the Mayor, City Administrator, or his/her designee.  (Ord. 00-677 § 3).

1.12.040 Purchasing restrictions.

  The following uses are not authorized credit card purchases or uses:

(a) Cash advances of any kind.

(b) Payment of invoices or statements.

(c) Personal purchases of any kind.  (Ord. 00-677 § 4).

1.12.050 Reporting credit card charges.

  After using the credit card for an approved purchase, the department head will code the receipt and forward it within three working days to the Accountant.  City credit card bills shall be forwarded to the Mayor and/or City Administrator for review.  The Accountant will pay all properly coded and submitted charges on a monthly basis.  (Ord. 00-677 § 5).

1.12.060 Use of card for unauthorized charges.

  Any charges against the purchasing charge card not properly identified on the credit card report or not properly allowed a post audit shall be paid by the employee by check, U.S. currency, or salary deduction.  If, for any reason, disallowed charges are not repaid before the charge card billing is due and payable, the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the official or employee up to the amount of the disallowed charges and interest at the same rate as charged by the company which issued the charge card.  The City shall have unlimited authority to revoke use of any charge card issued, and, upon such revocation order being delivered to the charge card company, shall not be liable for any subsequent charges.  (Ord. 00-677 § 6).

Chapter 1.13
Public Records Disclosure

Sections:

1.13.010 Findings.

1.13.020 Order regarding public records index.

1.13.010 Findings.

(a) The Revised Code of Washington (RCW) requires all cities and public agencies to maintain and make available a current index of all public records.

(b) The RCW also states that if maintaining such an index would be unduly burdensome, or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.

(c) When such an order is made, all indexes maintained by that city must be made available to provide identifying information on those records which are available for inspection and/or copying.

(d) The City is comprised of many departments, their respective divisions and subdivisions, which maintain separate databases and/or record-keeping systems for the indexing of records and information.

(e) Because the City has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records.

(f) The City will fully comply with the provisions of the Chapter 42.17 RCW, the Public Disclosure Act.  (Ord. 04-771 § 1).

1.13.020 Order regarding public records index.

  Pursuant to RCW 42.17.260(4)(a), the City Council orders the following:

(a) The City of DuPont is not required to maintain an all-inclusive index of public records, due to findings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain.

(b) The City of DuPont shall make available all public records and any indexes created for internal use upon request by any citizen.  Said indexes shall be maintained and released in order to obtain those records which are public and not otherwise exempt from public disclosure, including but not limited to the exemptions set forth in RCW 42.17.310.  (Ord. 04-771 § 1).

Chapter 1.14
Computer Network, E-Mail and Internet Use Policy

Sections:

1.14.010 Adopted.

1.14.010 Adopted.

  The City Council of the City of DuPont hereby adopts the network, e-mail, and internet use policy in the form attached to the ordinance codified in this section as Exhibit “A” in its entirety as if fully set forth herein.  (Ord. 04-778 § 1).

Chapter 1.15
Drug and Alcohol Policy

Sections:

1.15.010 Noncommercial driver’s policy adopted.

1.15.010 Noncommercial driver’s policy adopted.

  The City of DuPont hereby adopts the “City of DuPont Drug and Alcohol Testing Policy (Non-CDL’s)” attached to the ordinance codified in this section as Exhibit “A” and by this reference fully incorporated herein.  (Ord. 04-779 § 1).

Chapter 1.16
Salary Commission

Sections:

1.16.010 Salary Commission established.

1.16.020 Membership.

1.16.030 Powers.

1.16.040 Meetings to be open.

1.16.010 Salary Commission established.

  A Salary Commission is hereby established to perform the functions set forth in RCW 35.21.015.  (Ord. 05-797 § 1).

1.16.020 Membership.

(a) The Salary Commission shall have three members who shall be appointed by the Mayor, with the approval of the Council, for five-year terms.

(b) Members may be removed during their terms for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of residence.

(c) No officer, official, or employee of the City or any of their immediate family members may serve as a member of the Salary Commission.  (Ord. 05-797 § 2).

1.16.030 Powers.

(a) The Salary Commission shall set the salaries for elected officials of the City.  The Commission shall convene and review the salaries of the City’s elected officials once every five years, or sooner when directed to do so by a majority vote of the City Council.

(b) Any change in salary shall be filed by the Salary Commission with the City Clerk and shall become effective and incorporated into the City budget without further action of the City Council or Salary Commission.

(c) Salary increases established by the Commission shall be effective as to incumbent City elected officials, regardless of their terms in office, subject to the provisions of DMC 1.16.040.

(d) Salary decreases established by the Commission shall become effective as to incumbent City elected officials at the commencement of their next subsequent terms of office.

(e) Commission action fixing the salaries of elected officials of the City pursuant to this chapter shall supersede any provision of any other City ordinance related to such salaries.  (Ord. 05-797 § 3).

1.16.040 Meetings to be open.

  The proceedings and actions of the Salary Commission shall be undertaken in compliance with the Open Public Meetings Act, Chapter 42.30 RCW, as if the Commission was a “governing body” as defined in that Act; provided, that notice of all meetings of the Commission shall be issued pursuant to RCW 42.30.080, and the Commission shall not meet in executive session.  (Ord. 05-797 § 4).

Chapter 1.17
Enforcement²

Sections:

1.17.010 Purpose.

1.17.020 Scope.

1.17.030 Violations.

1.17.040 Enforcement.

1.17.050 Voluntary correction and limited right to enter property.

1.17.060 Investigation, civil infraction citations, and notices of violation.

1.17.070 Time in which to comply.

1.17.080 Stop work orders.

1.17.090 Emergency orders.

1.17.100 Appeal to Hearing Examiner.

1.17.110 Penalties.

1.17.120 Abatement by the City.

1.17.010 Purpose.

  The purpose of this chapter is to establish a system to enforce the development, land use, and public health regulations of the City, to provide an opportunity for a prompt hearing and decision on alleged violations of these regulations, and to establish penalties for violations, including abatement of any affected properties.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.020 Scope.

  The procedures set forth in this chapter shall be utilized to enforce violations of the DuPont Municipal Code, as such violations are described within the code, and as this chapter is referenced throughout the code.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.030 Violations.

  It is unlawful to maintain, allow, permit or fail to prevent a nuisance as defined in Chapter 9.16 DMC or as defined throughout the DuPont Municipal Code.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.040 Enforcement.

(a) The Code Enforcement Officer is the person authorized by the Mayor to enforce the civil provisions of the DuPont Municipal Code.

(b) The Code Enforcement Officer shall have the responsibility for enforcement of this chapter.  The Code Enforcement Officer may call upon the Police, Fire, Building, Public Works or other appropriate City departments to assist in enforcement.  The Code Enforcement Officer may seek assistance from outside agencies or private contractors should the need exist.  As used in this chapter, “Code Enforcement Officer” shall also mean his or her duly authorized designee.

(c) This chapter shall be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons.

(d) It is the intent of this chapter to place the obligation for complying with its requirements upon the owner, occupier, tenant, manager, agent or other person responsible for the condition of land and buildings situated within the City of DuPont and within the scope of the DuPont Municipal Code.

(e) No provision or any term used in this chapter is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.050 Voluntary correction and limited right to enter property.

(a) Applicability.  While it is the City’s desire to obtain voluntary correction pursuant to this chapter, compliance is not a prerequisite for pursuing any of the other remedies for correction in this chapter, or any remedies available in law or equity.  This section may apply whenever the Code Enforcement Officer determines that a nuisance or code violation has occurred or is occurring.

(b) General.  The Code Enforcement Officer may attempt to secure voluntary correction by contacting the owner, occupier, tenant, manager, agent or other person responsible for the condition of land and buildings situated within the City of DuPont and, where possible, explaining the violation and requesting correction.

(c) Voluntary Correction and Limited Right of Entry Agreement.  A voluntary correction and limited right of entry agreement may be entered into between the owner, occupier, tenant, manager, agent, or other person responsible for the condition of land and buildings situated within the City of DuPont for the violation and the City, acting through the applicable department director.  The voluntary correction and limited right of entry agreement is a contract between the City and the owner, occupier, tenant, manager, agent, or other person responsible for the condition of land and buildings under which such person agrees to abate the violation within a specified time and according to specified conditions.  The voluntary correction and limited right of entry agreement may include the following:

(1) The name and address of the person responsible for the violation;

(2) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within 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 necessary corrective action to be taken, and a date or time by which correction must be completed;

(5) An agreement by the person responsible for the violation that the City may inspect the premises as may be necessary to determine compliance with the voluntary correction and limited right of entry agreement; and

(6) An agreement by the person responsible for the violation that the City may abate the violation and recover its costs and expenses as described in DMC 1.17.120 and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if the terms of the voluntary correction and limited right of entry agreement are not satisfied.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.060 Investigation, civil infraction citations, and notices of violation.

(a) Authority.  Upon presentation of proper credentials, the Code Enforcement Officer may, with the consent of the owner or occupier of a building or premises, enter at reasonable times any building or premises in order to perform the duties imposed by this chapter.

(b) Investigation.  The Code Enforcement Officer may investigate any structure or use which he or she reasonably believes does not comply with the applicable standards and requirements of the DuPont Municipal Code.

(c) Civil Infraction Citation.  If after investigation, or after the complaint of residents or others, the Code Enforcement Officer has probable cause to believe that the applicable standards or requirements of the DuPont Municipal Code have been violated, the Code Enforcement Officer may issue a civil infraction citation in accordance with Chapter 7.80 RCW, which is incorporated herein by this reference, upon the owner, tenant, occupier, manager, agent or other person responsible for the condition.

(d) Notice of Violation.  Alternatively, after investigation, or based upon the complaint of residents or others, the Code Enforcement Officer may serve a notice of violation upon the owner, tenant, occupier, manager, agent or other person responsible for the condition.  The notice of violation shall contain the following information:

(1) A statement of each standard, code provision or requirement violated;

(2) What corrective action, if any, is necessary to comply with the standard, code provision or requirement;

(3) A reasonable time for compliance; and

(4) An explanation of the appeal process and the specific information required to file an appeal.

(e) Service of a Notice of Violation.  A notice of violation shall be served on the owner, tenant, occupier, manager, agent or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person.  If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the Code Enforcement Officer makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:

(1) Publishing the notice once each week for two consecutive weeks in the City’s official newspaper; and

(2) Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known or, if unknown, to the address of the property involved in the proceedings.

(f) Posting.  A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.

(g) Amendment.  A notice of violation may be amended at any time in order to:

(1) Correct clerical errors; or

(2) Cite additional authority for a stated violation.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.070 Time in which to comply.

(a) Civil Infraction Citations.  Civil infraction citations may be issued by the City’s Code Enforcement Officer and shall be processed in accordance with Chapter 7.80 RCW, which is incorporated herein by reference.

(b) Determination of Time for Compliance with Notices of Violation.  Persons receiving a notice of violation shall rectify the code violations identified within the time period specified by the Code Enforcement Officer pursuant to DMC 1.17.060(d).

(c) Order Becomes Final Unless Appealed.  Unless an appeal is filed with the Code Enforcement Officer for hearing before the Hearing Examiner in accordance with DMC 1.17.100(a), the notice of violation shall become the final administrative order of the Code Enforcement Officer.  A copy of the notice may be filed and recorded with the Pierce County Recorder.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.080 Stop work orders.

  Whenever a continuing violation of this code will materially impair the Code Enforcement Officer’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the Code Enforcement Officer may issue a stop work order specifying the violation and prohibiting any work or other activity at the site.  Any violation of a stop work order is hereby declared to be a nuisance, and the Code Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable means as may be available.  The costs for the injunction or abatement shall be recovered by the City from the owner, tenant, occupant, manager, agent, or other responsible person in the manner provided by law.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.090 Emergency orders.

  Whenever any use or activity in violation of the DuPont Municipal Code threatens the health and safety of the occupants of the premises or any member of the public, the Code Enforcement Officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected.  The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible.  Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance and the Code Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable means as may be available.  All cost of such abatement shall be recovered from the owner, tenant, occupant, manager, agent or other person responsible in the manner provided by law.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.100 Appeal to Hearing Examiner.

(a) The person incurring the penalty described in a notice of violation issued by the Code Enforcement Officer pursuant to DMC 1.17.060(d) may obtain an appeal of the notice by requesting such appeal within 10 calendar days after receiving or otherwise being served with the notice pursuant to DMC 1.17.060.  When the last day of the period so computed is a Saturday, Sunday or federal or City holiday, the period shall run until 4:30 p.m. on the next business day.  The request shall be in writing, and upon receipt of the appeal request, the Code Enforcement Officer shall schedule an appeal hearing before the Hearing Examiner.  Notice of the hearing shall be sent to the appellant and/or the person(s) named on the notice of violation under the procedures described in DMC 1.17.060(e) or as may be otherwise requested by the appealing party.

(b) At or after the appeal hearing, the Hearing Examiner may:

(1) Sustain the notice of violation;

(2) Withdraw the notice of violation;

(3) Continue the review to a date certain for receipt of additional information; or

(4) Modify the notice of violation, which may include an extension of the compliance date.

(c) The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review and shall cause the same to be sent to the person(s) named on the notice of violation under the same procedures described in DMC 1.17.060(e) or as otherwise directed by the appealing party.

(d) The decision of the Hearing Examiner shall be final and conclusive unless appealed.  In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition, approved in Chapter 36.70C RCW (Land Use Petition Act), within 21 days of the issuance of the Hearing Examiner’s decision.  The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.110 Penalties.

(a) Violations of the DuPont Municipal Code.

(1) Civil Infraction.  Any person violating or failing to comply with the provisions of the DuPont Municipal Code may be issued a civil infraction pursuant to DMC 1.17.060(c).  Each civil infraction shall carry with it a monetary penalty of $100.00 for the first violation, $175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a third or subsequent violation of the same nature or a continuing violation; and

(2) Notice of Violation.

(i) Any person violating or failing to comply with the provisions of the DuPont Municipal Code may, in the alternative, be issued a notice of violation that shall carry with it a cumulative monetary penalty of $500.00 per day for each violation from the date set for compliance until compliance with the notice of violation or order is achieved;

(ii) In addition to any penalty that may be imposed by the City, any person violating or failing to comply with any of the provisions of the DuPont Municipal Code shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation; and

(iii) The penalty imposed by this section under a notice of violation may be collected by civil action brought in the name of the City.  The Code Enforcement Officer may notify the City Attorney of the name of any person subject to the penalty, and the City Attorney may, with the assistance of the Code Enforcement Officer, take appropriate action to collect the penalty, including but not limited to attachment of a lien to the property.

(b) Additional Relief.  The Code Enforcement Officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the DuPont Municipal Code.  The remedies provided in this chapter are cumulative and shall be in addition to any other remedy provided by law.

(c) Continued Duty to Correct.  Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the infraction or notice of violation was issued of the duty to correct the violation.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

1.17.120 Abatement by the City.

(a) Abatement.  The City may abate nuisances or code violations when:

(1) The terms of the voluntary correction and limited right of entry agreement have not been met; or

(2) A notice of violation has been issued and the required correction has not been completed by the date specified in the notice of violation; or

(3) A written decision issued by the City’s Hearing Examiner has not been complied with by the date specified in the written decision; or

(4) The nuisances or code violations are subject to summary abatement as provided for in subsection (b) of this section.

(b) Summary Abatement.  Whenever any nuisance or code violation causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition.  Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.  No right of action shall lie against the City or its agents, officers or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the City be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the owner, occupier, tenant, manager, agent or other person responsible for the condition of land and buildings.

(c) Authorized Action by the City.  Using any lawful means, the City may enter upon the subject property and may remove or correct the condition which is subject to abatement.  Prior to or during such abatement, the City may seek such judicial process as it deems necessary to effect the removal or correction of such condition, including but not limited to obtaining an injunction or warrant of abatement.

(d) Interference.  Any person who knowingly obstructs, impedes or interferes with the City or its agents, or with the person responsible for the violation in the performance of duties imposed by this chapter, shall be guilty of a misdemeanor punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000.

(e) Recovery of Costs and Expenses.  All costs incurred by the City during abatement of nuisance or code violations shall be billed to the owner, occupier, tenant, manager, agent or other person responsible for the condition of land and buildings.  Such costs may include, but are not limited to, the following legal and abatement expenses:

(1) For purposes of this chapter, “legal expenses” shall include but are not limited to the following:

(i) Personnel costs, both direct and indirect, including attorney’s fees and all costs incurred by the City Attorney’s office or its designee taken to abate nuisances and code violations;

(ii) Actual and incidental expenses and costs incurred by the City in preparing notices, contracts, court pleadings, and all other necessary documents required to abate nuisances and code violations; and

(iii) All costs associated with retention and use of expert witnesses or consultants during the course of abatement.

(2) For purposes of this chapter, “abatement expenses” shall include but are not limited to the following:

(i) Costs incurred by the City for preparation of notices, contracts, and related documents necessary to abate nuisance or code violations;

(ii) All costs associated with inspection of the property and monitoring of said property consistent with orders of compliance issued by the City’s Hearing Examiner or a court of competent jurisdiction;

(iii) All costs incurred by the City for hauling, storage, disposal or removal of: vegetation, trash, debris, dangerous structures or structures unfit for human habitation pursuant to the International Building Code and/or International Property Maintenance Code, potential vermin habitat or fire hazards, junk vehicles, obstructions to the public right-of-way, and setback obstructions; and

(iv) All costs incurred by law enforcement or related enforcement agencies necessary to assist the City during abatement of nuisance or code violations.

(f) Interest.  All costs incurred by the City during abatement of nuisance and code violations shall include interest in an amount as prescribed by law.  Interest shall start to accrue on the thirtieth day from mailing of the invoice pursuant to subsection (e) of this section.

(g) Lien--Authorized.  The City shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs, including attorney and expert witness fees against the real property on which the monetary penalty was imposed or any of the work of abatement was performed.  (Ord. 06-825 § 1; Ord. 06-819 § 1).

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Footnotes

¹Prior legislative history:  Ord. 195.

²Code reviser’s note:  Ord. 06-819 adds this chapter as Chapter 1.16 DMC.  It has been editorially renumbered as Chapter 1.17 DMC in order to avoid duplication of chapter numbers.