Chapter 1
GENERAL PROVISIONS

Articles:

I. Code Construction

II. Criminal Enforcement of Code

III. Civil Enforcement of Code

Article I.
CODE CONSTRUCTION

Sections:

1-1 How Code designated and cited.

1-2 Definitions and rules of construction.

1-3 Catchlines of sections.

1-4 References to chapters or sections.

1-5 History notes.

1-6 References and editor’s notes.

1-7 Code does not affect prior offenses, rights, etc.

1-8 Effect of repeals.

1-9 Certain ordinances not affected by Code.

1-10 Effect of amendments to Code.

1-11 Supplementation of Code.

1-12 Severability of parts of Code.

1-1 How Code designated and cited.

The ordinances embraced in the following chapters and sections shall constitute and be designated the Federal Way City Code, and may be so cited.

1-2 Definitions and rules of construction.

In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

Boards, committees, commissions, officers, employees, departments, etc. Whenever reference is made to a board, committee, commission, officer, employee or department, etc., it shall mean the same as if it were followed by the words “of the city of Federal Way, Washington.”

City. The word “city” shall mean the city of Federal Way, Washington, and shall extend to and include its several officers, agents and employees.

City council, council. The terms “city council” and “council” shall mean the city council of the city of Federal Way, Washington.

Code. The word “Code” shall mean the Federal Way City Code.

Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

County. Whenever the word “county” is used it shall mean and refer to King County, Washington.

Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise and except for signing checks, execution of contracts and other duties regarding finance.

Gender. A word importing either the masculine or feminine gender shall extend and be applied to both the masculine and feminine genders, and to firms, partnerships and corporations.

Highway. The term “highway” shall include any street, alley, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway in the city dedicated or devoted to public use.

Keeper and proprietor. The words “keeper” and “proprietor” shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.

Month. The word “month” shall mean a calendar month.

Number. A word importing the singular may extend and be applied to the plural, and vice versa.

Oath. The word “oath” shall include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

Owner. The word “owner” applied to a building or land shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. The word “person” shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

Personal property. The term “personal property” includes every species of property except real property.

Property. The word “property” shall include real, personal and mixed property.

Public place. The term “public place” shall mean any place subject to the primary control of any public agency, including but not limited to any park, street, public way, cemetery, schoolyard or open space adjacent thereto and any lake or stream.

Real property. The term “real property” shall include lands, tenements and hereditaments.

Sidewalk. The word “sidewalk” shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

Signature or subscription. The word “signature” or “subscription” includes a mark when the person cannot write.

State. The term “state” shall mean the State of Washington.

Street. The word “street” shall embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the city.

Tenant, occupant. The words “tenant” and “occupant” applied to a building or land shall include any person holding a written or oral lease of, or who occupies the whole or part of such building or land, either alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

Written and in writing. The words “written” and “in writing” shall include any representation of words, letters or figures, whether by printing or otherwise.

1-3 Catchlines of sections.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections; nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

1-4 References to chapters or sections.

All references to chapters or sections are to the chapters and sections of this Code unless otherwise specified.

1-5 History notes.

The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in the section.

1-6 References and editor’s notes.

References and editor’s notes following certain sections are inserted as an aid and guide to the reader and are not controlling nor meant to have any legal effect.

1-7 Code does not affect prior offenses, rights, etc.

Nothing in this Code or the ordinances adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.

1-8 Effect of repeals.

The repeal of an ordinance or portion of this Code shall not revive any ordinance or portion of this Code in force before or at the time the provision repealed took effect. The repeal of an ordinance or a portion of this Code shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the provision repealed.

1-9 Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:

(1) Any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this Code;

(2) Any ordinance or resolution promising or guaranteeing the payment of money for the city, or authorizing the issue of any bonds of the city, or any evidence of the city’s indebtedness, or any contract, right, agreement, lease, deed or other instrument or obligation assumed by the city;

(3) Any administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of this Code;

(4) Any right or franchise granted by any ordinance;

(5) Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, vacating, etc., any street or public way in the city;

(6) Any appropriation ordinance;

(7) Any ordinance levying or imposing taxes or fees;

(8) Any ordinances prescribing through streets, parking and traffic regulations, speed limits, one-way traffic, limitations on load of vehicles or loading zones;

(9) Any land use, zoning or rezoning ordinance or amendment to the zoning map;

(10) Any ordinance establishing and prescribing the street grades of any street in the city;

(11) Any ordinance providing for local improvements and assessing taxes therefor;

(12) Any ordinance dedicating or accepting any plat or subdivision in the city;

(13) Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the city;

(14) Any ordinance establishing offices, officers, personnel positions, classifying positions, setting salaries of city officers and employees or any personnel regulations, policies or benefit programs;

(15) Any temporary or special ordinances.

All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein and are on file in the city clerk’s office.

1-10 Effect of amendments to Code.

(a) Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city council to make the same a part hereof, shall be deemed to be incorporated in this Code so that reference to the Code shall be understood and intended to include such additions and amendments.

(b) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, article, division, section or subsection or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages.

(c) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: “That section ________ of the Federal Way City Code is hereby amended to read as follows: . . . .” The new provisions shall then be set out in full as desired.

(d) If a new section not heretofore existing in the Code is to be added, the following language may be used: “That the Federal Way City Code is hereby amended by adding a section to be numbered ________, which section reads as follows: . . . .” The new section may then be set out in full as desired.

(e) All sections, divisions, articles, chapters, or provisions desired to be repealed must be specifically repealed by section, division, article or chapter number, as the case may be.

1-11 Supplementation of Code.

(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code during the period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in catchlines, headings and titles;

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4) Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this division,” etc., as the case may be, or to “sections ________ through ________.” The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and

(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

1-12 Severability of parts of Code.

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

Article II.
CRIMINAL ENFORCEMENT OF CODE

Sections:

1-13 General penalty.

1-13 General penalty.

(a) Unless otherwise provided, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code or any ordinance of the city, or any rule or regulation adopted by the city council pursuant thereto, shall be guilty of a misdemeanor. Except in cases where a different punishment is prescribed by this Code or any ordinance of the city, any person convicted of a misdemeanor under this Code or the ordinances of the city shall be punished by a fine not to exceed $1,000 or imprisonment for a period of not more than 90 days or by both such fine and imprisonment.

(b) This section shall not preclude and shall be deemed to be in addition to administrative and civil remedies as may be set forth in this Code or ordinances of the city, including but not limited to FWCC 1-14 through 1-23.

(c) Each and every day during any portion of which a violation of any of the provisions of this Code or the ordinances of the city is committed and continues shall be deemed to be a separate offense. (Ord. No. 89-14, § 1, 12-19-89; Ord. No. 90-68, § 1, 7-10-90; Ord. No. 99-342, § 3, 5-4-99)

Article III.
CIVIL ENFORCEMENT OF CODE

Sections:

1-14 Purpose.

1-15 Definitions.

1-16 Order to cease activity.

1-17 Notice of violation and order to correct.

1-18 Voluntary correction agreement.

1-19 Appeal to hearing examiner.

1-20 Collection of monetary penalty.

1-21 Abatement and additional enforcement procedures.

1-22 Conflicts.

1-23 Meaning of terms.

1-24 Infractions authorized and statutes adopted.

1-14 Purpose.

The purpose of this article is to establish an efficient, civil administrative system to enforce the development regulations of the city, to provide an opportunity for an appeal of determinations of violations and prompt hearings and decisions on any such appeals, to establish monetary penalties for violations, and to provide for the collection of said penalties.

It is the express and specific purpose and intent of this article to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this article.

It is also the express and specific purpose and intent of this article that no provision nor any term used in this article is intended to impose any duty whatsoever upon the city or any of its officers or employees.

Nothing contained in this article is intended nor shall be construed to create or form the basis of any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city, its officers, employees or agents. (Ord. No. 99-342, § 3, 5-4-99)

1-15 Definitions.

In this chapter, unless a different meaning is plainly required:

(a) Act means doing or performing something.

(b) Civil violation means a violation of a provision of a city development regulation for which a monetary penalty may be imposed under this chapter. Each day or portion of a day during which a violation occurs or exists is a separate violation. Traffic infractions pursuant to Chapter 11 FWCC are specifically excluded from the application of this chapter.

(c) Development means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a city development regulation.

(d) Development regulation means and includes the following, as of or after the effective date of the ordinance codified in this chapter:

(1) Chapter 5 FWCC, Buildings and Building Regulations;

(2) Chapter 8 FWCC, Fire Prevention and Protection Code;

(3) Chapter 10 FWCC, Nuisances Code;

(4) Chapter 11 FWCC, Parks and Recreation Code;

(5) Chapter 12 FWCC, Solid Waste Code;

(6) Chapter 13 FWCC, Streets, Sidewalks and Certain Other Places Code;

(7) Chapter 16 FWCC, Utilities Code;

(8) Chapter 20 FWCC, Subdivision Code;

(9) Chapter 22 FWCC, Zoning Code;

(10) All standards, regulations and procedures adopted pursuant to the above; and

(11) The terms and conditions of any permit or approval issued pursuant to the above.

(e) Emergency means a situation which in the opinion of the applicable department director requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons, property, or the environment.

(f) Enforcement official means the city building official, city code enforcement officers, and all other city officials designated by ordinance or by the city manager for purposes of enforcing the provisions of this or other chapters and codes designated therein.

(g) Hearing examiner means the Federal Way hearing examiner and the office thereof.

(h) Omission means a failure to act.

(i) Person includes any natural person, any corporation or any unincorporated association or partnership.

(j) Violation means an act or omission contrary to a city development regulation including an act or omission at the same or different locations by the same person. (Ord. No. 99-342, § 3, 5-4-99)

1-16 Order to cease activity.

(a) Issuance. Whenever the enforcement officer determines that any activity is being conducted or any development is occurring that does not conform to the applicable provisions of this Code, or that civil violation otherwise exists, he or she may issue an order to cease activity directing any person causing, allowing and/or participating in the offending conduct to cease such conduct immediately.

(b) Posting and service of order. The enforcement official shall serve the order upon the person to whom it is directed, either by:

(1) Delivering it personally; or

(2) By mailing a copy of the order to cease activity by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address and by posting a copy of the order to cease activity conspicuously on the affected property or structure, or as near to the affected property or structure as feasible.

Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service and the manner by which service was made. Any failure of the person to whom the order to cease activity is directed to observe the posted order or to actually receive the mailed order shall not invalidate service made in compliance with this section, nor shall it invalidate the order to cease activity.

(c) Appeal of order to cease activity. An order to cease activity may be appealed under the procedures set forth in FWCC 1-19. During any such appeal, the order to cease activity shall remain in effect.

(d) Effect of order to cease activity. When an order to cease activity has been issued, posted and/or served pursuant to this section, it is unlawful for any person to whom the order is directed or any person with actual or constructive knowledge of the order to conduct the activity or perform the work covered by the order, even if the order to cease activity has been appealed, until the enforcement officer has removed the copy of the order, if posted, and issued written authorization for the activity or work to be resumed. Violation of an order to cease activity constitutes a misdemeanor punishable by a fine of up to $5,000, or imprisonment for up to six months, or both. In addition to such criminal penalties, the city may enforce the order to cease activity in accordance with FWCC 1-21 below, and/or enforce it in superior court. (Ord. No. 99-342, § 3, 5-4-99)

1-17 Notice of violation and order to correct.

(a) Issuance. Whenever the enforcement official determines that a civil violation has occurred or is occurring, he/she may issue notice of violation and an order to correct (“notice and order”) to the property owner or to any person causing, allowing and/or participating in the violation. The notice and order issued pursuant to this section represents a determination that a violation of this Code has been committed. This determination is final and conclusive unless appealed as provided herein.

(b) Content. The enforcement official shall include the following in the notice and order:

(1) The name and address of the property owner and/or other person to whom the notice and order is directed;

(2) The street address or 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 that provision of a city development regulation which has been violated;

(4) A statement of the action required to be taken to correct the violation as determined by the enforcement official and a date or time by which correction is to be completed;

(5) A statement that the person to whom the notice and order is directed must:

a. Complete correction of the violation by the date stated in the notice; or

b. Appeal the notice and order as provided in FWCC 1-19; and

(6) A statement that, if such violation is not corrected and the notice and order is not appealed, a monetary penalty in an amount per day for each violation as specified by FWCC 1-17(e) shall accrue against the person to whom the notice and order is directed for each and every day, or portion of a day, on which the violation continues following the date set for correction.

(c) Service of order. The enforcement official shall serve the notice and order upon the person to whom it is directed, either by:

(1) Delivering it personally; or

(2) By mailing a copy of the order to correct violation by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address and by posting a copy of the notice and order conspicuously on the affected property or structure.

Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service and the manner by which service was made. Any failure of the person to whom the notice and order is directed to observe the posted notice and order or to actually receive the mailed notice and order shall not invalidate service made in compliance with this section, nor shall it invalidate the notice and order.

(d) Extension. Upon written request received prior to the correction date or time, the enforcement official may extend the date set for correction for good cause. The enforcement official may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as a good cause.

(e) Monetary penalty. The amount of the monetary penalty per day or portion thereof that each violation continues beyond the date set in a notice and order is as follows:

(1) First violation, $100.00;

(2) Second violation, $200.00;

(3) Third violation, $300.00;

(4) Additional violations in excess of three, $500.00.

(f) Continued duty to correct. Payment of a monetary penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the enforcement official.

(g) Declaration of compliance. When the violation has been corrected and the penalty paid, the enforcement officer shall issue a letter which shall so state, and shall also record the date upon which the violation was fully corrected, beyond which no further penalty shall accrue.

(h) Effect of unappealed notice and order. If a notice and order is not appealed, each day which the violation continues beyond the date set in order to correct shall constitute a misdemeanor punishable by a fine of up to $5,000, or imprisonment for up to six months, or both. In addition to such criminal penalties, the city may enforce the notice and order in accordance with FWCC 1-20 and 1-21, and/or enforce it in superior court. (Ord. No. 99-342, § 3, 5-4-99)

1-18 Voluntary correction agreement.

(a) General. Prior to the issuance of a notice and order under FWCC 1-17, or in lieu thereof, when the city determines that a violation of an ordinance has occurred, the city may enter into a voluntary correction agreement wherein the person(s) responsible for the violation or the owner(s) of property on which the violation has occurred or is occurring agrees to abate the violation within a specified time period and according to specified conditions.

(b) Contents. A voluntary correction agreement shall be in writing, signed by the person(s) responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring and an enforcement official, and shall contain substantially the following information:

(1) The name and address of the person responsible for the violation and/or the owner of property on which the violation has occurred or is occurring;

(2) The street address or a 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 violated;

(4) The necessary corrective action to be taken, and a date or time by which the correction must be completed;

(5) An agreement by the person responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;

(6) An agreement by the person responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring that, if the terms of the voluntary correction agreement are not met, the city may abate the violation and recover its costs and expenses as provided in this article;

(7) An agreement that by entering into the voluntary correction agreement, the person responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring waives the right to a hearing before the examiner under this article regarding the matter of the violation, penalty and/or required corrective action; and

(8) A statement that failure to comply with the terms of the agreement shall constitute a misdemeanor punishable by a fine not to exceed $5,000 and/or imprisonment for not more than six months.

(c) Modification and time extension. An extension of the time limit for correction or a modification of the required corrective action may be granted by the enforcement official if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable. All modifications or time extensions shall be in writing, signed by the person(s) responsible for the violation and/or the owner(s) of the property on which the violation has occurred or is occurring and an enforcement official.

(d) Penalty for noncompliance. Violation of the terms of the agreement shall constitute a misdemeanor punishable by fine not to exceed $5,000 per day and/or imprisonment for not more than six months. Further, the city may enter the property, abate the violation and recover all costs and expenses of abatement in accordance with the provisions of this chapter. (Ord. No. 99-342, § 3, 5-4-99)

1-19 Appeal to hearing examiner.

(a) General. A person to whom an order to cease activity or a notice and order is directed may appeal the order to cease activity or notice and order to the hearing examiner. The person appealing may appeal either the determination that a violation exists, the amount of any monetary penalty imposed, the corrective action ordered, or all three.

(b) How to appeal. A person may appeal an order to cease activity or notice and order by filing a written notice of appeal with the city clerk within 14 calendar days from the date of service of the order to cease activity or notice and order. The appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of $100.00, which is refundable in the event the appellant prevails on the appeal.

(c) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the hearing examiner may impose a daily monetary penalty from the date of service of the order to cease activity or notice and order if he finds that the appeal is frivolous or intended solely to delay compliance. The effect of the filing of an appeal of an order to cease activity shall be as provided in FWCC 1-16(d).

(d) Notice of and hearing before the hearing examiner.

(1) Date of hearing. Within 10 days of the clerk’s receipt of the appeal, the hearing examiner shall set a public hearing for a date within 30 days of the clerk’s receipt of the appeal.

(2) Notice of hearing.

a. Content. The clerk shall cause a notice of the appeal hearing to be posted on the property that is the subject of the order to cease activity or notice and order, and mailed to the appellant and property owners located within 300 feet of the property that is the subject of the violation. The notice shall contain the following:

1. The file number and a brief description of the matter being appealed.

2. A statement of the scope of the appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal.

3. The date, term and place of the public hearing on the appeal.

4. A statement of who may participate in the appeal.

5. A statement of how to participate in the appeal.

(3) Distribution. The notice shall be mailed and posted at least 10 calendar days before the hearing on the appeal.

(4) Participation in the appeal. Any person may participate in the public hearing in either or both of the following ways:

a. By submitting written comments to the hearing examiner, either by delivering these comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing.

b. By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.

(5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. The city and the appellant may participate as parties in the hearing and each may call witnesses. The appellant shall have the burden of proof by a preponderance of the evidence that a violation has not occurred, that the amount of monetary penalty assessed was not in compliance with FWCC 1-17(e), or that the corrective action ordered is unnecessary to cure the violation.

(6) Electronic sound recording. The hearing examiner shall make a complete electronic sound recording of the public hearing.

(7) Continuation of the hearing. The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given.

(e) Decision of hearing examiner.

(1) Vacation. If the hearing examiner determines that the appellant has proven by a preponderance of the evidence that no violation substantially as stated in the order to cease activity or notice and order has occurred, the hearing examiner shall vacate the order to cease activity or notice and order, and order the appeal fee refunded.

(2) Affirmance. If the hearing examiner determines that the appellant has not so proven by a preponderance of the evidence, the hearing examiner shall affirm the order to cease activity or notice and order, shall affirm the amount of any monetary penalty imposed by the order to cease activity or notice and order, and shall affirm the corrective action ordered.

(3) Modification. If the hearing examiner determines that the monetary penalty was not calculated in compliance with FWCC 1-17(e), or that the corrective action ordered was unnecessary to cure the violation the examiner may modify the penalty amount and/or the abatement action required depending on the specifics of the violation as found at the hearing. In so ordering, the hearing examiner shall consider the following:

a. Whether the intent of the appeal was to delay compliance;

b. Whether the appeal was frivolous;

c. Whether there was a written contract or agreement with another party which specified the securing by the other party of the applicable permit or approval from the city;

d. Whether the applicant exercised reasonable and timely effort to comply with the applicable development regulations; or

e. Any other relevant factors.

In modifying a monetary penalty under this section, the hearing examiner shall impose, at a minimum, the monetary penalty set forth in FWCC 1-17(e), for each separate section of the Code violated, and as determined by reference to the applicable number of violations (first, second, third) at issue. In modifying the corrective action ordered, the hearing examiner shall require, at a minimum, any action necessary to ensure actual compliance within 14 days of the date of the examiner’s decision.

(f) Issuance of decision. The hearing examiner shall issue a written decision, including findings of fact, conclusions, and order within 14 days of the hearing.

(g) Judicial review. Judicial review of a decision by the hearing examiner may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority, if any, if the petition or complaint seeking review is filed and served on all parties within 21 days of the date of the decision. For purposes of this section, “aggrieved or adversely affected” shall have the meaning set forth in RCW 36.70C.060(2).

(h) Effect of decision. If judicial review is not obtained, the decision of the hearing examiner shall constitute the final decision of the city, and the failure to comply with the decision of the hearing examiner shall constitute a misdemeanor punishable by a fine of not more than $5,000 or up to six months imprisonment, or both. In addition to criminal punishment pursuant to this subsection, the city may pursue collection and abatement under FWCC 1-20 and 1-21. (Ord. No. 99-342, § 3, 5-4-99)

1-20 Collection of monetary penalty.

(a) The monetary penalty constitutes a personal obligation of the person to whom the notice and order or order to cease activity is directed. Any monetary penalty assessed must be paid to the city clerk within 14 calendar days from the date of service of the notice and order or, if an appeal was filed pursuant to FWCC 1-19, within 14 calendar days of the hearing examiner’s decision.

(b) The city attorney, on behalf of the city, is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking a granting of which shall neither stay nor terminate the accrual of additional per diem monetary penalties so long as the violation continues.

(1) The city may authorize the use of collection agencies to recover monetary penalties, in which case the cost of the collection process shall be assessed in addition to the monetary penalty.

(2) The city may incorporate any outstanding penalty into an assessment lien when the city incurs costs of abating the violation pursuant to FWCC 1-21. (Ord. No. 99-342, § 3, 5-4-99)

1-21 Abatement and additional enforcement procedures.

(a) Abatement by violator. In the absence of an appeal, any required abatement shall be executed in the manner and means specifically set forth in the order to correct and/or the voluntary correction agreement by the person(s) responsible for the violation.

(b) Abatement by city. The city may perform the abatement required upon noncompliance with the terms of:

(1) An unappealed notice and order;

(2) A voluntary correction agreement; or

(3) A final order of the hearing examiner.

The costs shall be billed to the person(s) obligated to perform the work under FWCC 1-17(b)(6), the voluntary correction agreement or hearing examiner decision, as applicable.

(1) The city may utilize city employees or a private contractor under city direction to accomplish the abatement. The city, its employees and agents using lawful means are expressly authorized to enter upon the property of the violator for such purposes.

(2) The city shall bill its costs, including incidental expenses, of abating the violation to the person(s) obligated to perform the work under the notice and order, voluntary correction agreement or hearing examiner decision, which costs shall become due and payable 30 days after the date of the bill. The term “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect, including attorney’s fees incurred by the city; costs incurred in documenting the violation; the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the cost of any required printing and mailing.

(c) Obstruction with work prohibited. No person shall obstruct, impede or interfere with the city, its employees or agents, or any person who owns, or holds any interest or estate in any property in the performance of any necessary act, preliminary or incidental to, carrying out the requirements of an order to correct, voluntary correction agreement or order of the hearing examiner issued pursuant to this chapter. A violation of this provision shall constitute a misdemeanor punishable by a fine of not more than $5,000 per day or up to six months imprisonment, or both.

(d) Report to city council and hearing on cost of abatement. In the event the person(s) responsible fails to pay within the 30-day period set forth in subsection (b)(2) of this section, the enforcement official shall prepare a written itemized report to the city council showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such property, including such salvage value relating thereto plus the amount of any outstanding penalties.

(1) A copy of the report and a notice of the time and date when the report shall be heard by the city council shall be served on the person responsible for payment as provided in FWCC 1-17(b)(6) at least five days prior to the hearing before the city council.

(2) The city council shall review the report and such other information on the matter as it receives and deems relevant at the hearing. The city council shall confirm or revise the amounts in the report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize placement of an assessment lien on the property as provided herein.

(e) Assessment lien. Following the hearing and authorization by the city council, the city clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. The lien shall be of equal rank with the state, county and municipal taxes.

(1) The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 15 calendar days after the assessment is placed upon the assessment roll.

(f) Additional remedies. The provisions of this article may be used in lieu of or in addition to other enforcement provisions of this Code, unless otherwise precluded by law.

(1) In addition to, or in lieu of the provisions of this chapter, the city may, at its option, turn the matter over to collection or commence a civil action in any court of competent jurisdiction to collect for any such charges incurred by the city, to obtain compliance pursuant to this chapter, and/or to collect any penalties that have been assessed.

(2) The city may, at its option, seek injunctive or other civil relief in superior court regarding any Code violation. (Ord. No. 99-342, § 3, 5-4-99)

1-22 Conflicts.

In the event of a conflict between this chapter and any other provision of this Code or city ordinance providing for a civil penalty, this chapter shall control. (Ord. No. 99-342, § 3, 5-4-99)

1-23 Meaning of terms.

Whenever the terms “civil infraction” and “civil penalty” are used in any code, ordinance or regulation of the city, those terms shall be deemed to have the same meaning as the terms “civil violation” and “monetary penalty,” respectively, as used in this chapter. (Ord. No. 99-342, § 3, 5-4-99)

1-24 Infractions authorized and statutes adopted.

(a) Enforcement officers and officials are authorized to issue civil infractions to enforce the provisions of the Federal Way City Code designated as infractions or as penalties except those provisions that are either specifically designated as crimes, specifically indicated as not being civil infractions, or designated as traffic infractions.

(b) Unless otherwise provided, enforcement officers or officials shall follow the provisions of Chapter 7.80 RCW in issuing civil infractions. If no penalty is otherwise provided, the maximum penalty and the default amount shall be $250.00, not including fees, costs, and assessments.

(c) Unless otherwise provided, civil infractions under this section shall be governed by Chapter 7.80 RCW, except that the rules of evidence shall not apply in any hearing held regarding civil infractions.

(d) The following state statutes, including all future amendments, revisions, additions, or deletions, are adopted by reference to the extent that they are not inconsistent with explicit provisions of the Federal Way City Code: Chapter 7.80 RCW et seq. (Ord. No. 07-550, § 1, 3-20-07)