Title 1
GENERAL PROVISIONS

Chapters:

1.01 Code Adoption

1.02 Code City Classification

1.04 General Provisions

1.08 Code Compliance Procedures

1.09 Repealed

1.10 Official Notices

Chapter 1.01
CODE ADOPTION

Sections:

1.01.010 Adoption, amendment and repeal.

1.01.020 Reservation of prosecutions.

1.01.030 City clerk or designee authorized to edit code.

1.01.010 Adoption, amendment and repeal.

A. There is hereby adopted the Milton Municipal Code which consists of the ordinances of the city that have ongoing effect and which have not expired according to their own terms.

B. This code may be cited as the Milton Municipal Code.

C. This code may be amended by reference to code section without the necessity of referring to the underlying ordinance.

D. New ordinances may be added to the code, and if an ordinance is enacted with a numbering system that is inconsistent with the code numbering system, the city clerk is authorized to assign an appropriate code number to codify the ordinance accordingly.

E. The repeal of any code section does not revive the original text of the code section, but rather, repeal of an existing section repeals the underlying ordinance section and all its amendments. (Ord. 1233 § 1, 1994).

1.01.020 Reservation of prosecutions.

The adoption of this code shall not affect any prosecution for violations or ordinances, which violations were committed prior to the effective date of the adoption of the Milton Municipal Code, nor shall the adoption of the code be construed as a waiver of any license, fee, or penalty due and owing at the effective date of the code adoption, nor shall adoption affect the validity of any bond or cash deposited with the city pursuant to the terms of any ordinances, upon its codification; but rather, all rights and obligations pertaining under ordinances in effect prior to codification shall remain in full force and effect. (Ord. 1233 § 1, 1994).

1.01.030 City clerk or designee authorized to edit code.

A. The city clerk or designee shall provide for a uniform style and form of the Milton Municipal Code by making minor corrections to ordinances submitted for filing which do not affect the sense, meaning, effect, or substance of any ordinance.

B. Such changes are subject to the approval of the city attorney and include: renumbering, relettering, capitalizing, punctuation, dividing provisions of the code, and correcting omissions, or captions.

C. The city clerk or designee may substitute a current title of an agency, bureau, commission, or committee, or commission to accord with changes of titles or duties enacted by law or ordinance.

D. The city clerk or designee may substitute references to a title, chapter, or section of the Milton Municipal Code to accord with changes of the Milton Municipal Code enacted by ordinance. (Ord. 1233 § 1, 1994).

Chapter 1.02
CODE CITY CLASSIFICATION

Sections:

1.02.010 Adopted.

1.02.020 Councilmembers terms.

1.02.030 Copy of ordinance to state.

1.02.010 Adopted.

The town of Milton adopts the classification of noncharter code city operating under the mayor-council plan of government as set forth in Chapter 35A.12 RCW; endowed with all the applicable rights, powers, privileges, duties and obligations of noncharter code cities as set forth in Chapter 35A.12 RCW as the same now exists, including, but not by way of limitation, those set forth in Chapter 35A.11 RCW and further including any and all supplements, amendments or other modifications of RCW Title 35A which may hereafter be enacted. (Ord. 1102 § 1, 1989).

1.02.020 Councilmembers terms.

The present city councilmembers shall continue to hold office for the balance of their terms for which they were elected. Upon expiration of their terms, their successors shall be elected for four-year terms as provided in Chapter 35A.29 RCW. (Ord. 1102 § 2,1989).

1.02.030 Copy of ordinance to state.

The clerk is directed to forward a certified copy of the ordinance codified in this chapter to the Secretary of State of the state of Washington, as provided in RCW 35A.02.040. (Ord. 1102 § 3,1989).

Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010 Definitions.

1.04.020 Title of office.

1.04.030 Interpretation of language.

1.04.040 Grammatical interpretation.

1.04.050 Acts by agents.

1.04.060 Prohibited acts include causing and permitting.

1.04.070 Computation of time.

1.04.080 Construction.

1.04.090 Repeal shall not revive any ordinances.

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances of the city of Milton, Washington, shall be construed as defined in this section unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A. “City” and “town” each mean the city of Milton, or the area within the territorial limits of the city of Milton, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

B. Repealed by Ord. 1686.

C. “Council” means the city council of the city of Milton. “All its members” or “all councilmen” means the total number of councilmen holding office.

D. “Counties” means the counties of King and Pierce.

E. “Law” denotes applicable federal law, the Constitution and statutes of the state of Washington, the ordinances of the city and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

F. “May” is permissive.

G. “Month” means a calendar month.

H. “Must” and “shall” are each mandatory.

I. “Oath” includes an affirmation or declaration 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.”

J. “Owner,” applied to the building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

K. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business firm, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

L. “Personal property” includes money, goods, chattels, things in action and evidences of debt.

M. “Preceding” and “following” mean next before and next after, respectively.

N. “Property” includes real and personal property.

O. “Real property” includes lands, tenements and hereditaments.

P. “Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Q. “State” means the state of Washington.

R. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

S. “Tenant” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such buildings or land, whether alone or with others.

T. “Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

U. “Year” means a calendar year. (Ord. 1686 § 2, 2006; Ord. 842 § 1, 1980).

1.04.020 Title of office.

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. (Ord. 842 § 2, 1980).

1.04.030 Interpretation of language.

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 842 § 3, 1980).

1.04.040 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended:

A. Gender. Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

(Ord. 842 § 4, 1980).

1.04.050 Acts by agents.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. 842 § 5, 1980).

1.04.060 Prohibited acts include causing and permitting.

Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 842 § 6, 1980).

1.04.070 Computation of time.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 842 § 7, 1980).

1.04.080 Construction.

The provisions of the ordinances of the city and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 842 § 8, 1980).

1.04.090 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 842 § 9, 1980).

Chapter 1.08
CODE COMPLIANCE PROCEDURES

Sections:

1.08.010 Purpose.

1.08.020 Definitions.

1.08.030 Applicability.

1.08.040 Procedure outlined.

1.08.050 Complaints.

1.08.060 Investigation.

1.08.070 Civil violations.

1.08.080 Nuisance.

1.08.090 Multiple penalties.

1.08.100 Additional enforcement procedures.

1.08.110 Right of entry.

1.08.010 Purpose.

A. To create regulatory procedures to:

1. Prevent and prohibit acts or omissions which cause an emergency health or safety risk to the public;

2. Prevent and prohibit acts or omissions which unlawfully interfere with the public’s use of the right-of-way;

3. Prevent and prohibit acts or omissions which cause buildings to be unsafe, unsanitary, or otherwise dangerous through lack of maintenance;

4. Prevent and prohibit acts or omissions which injure or endanger the health or safety of a person, damage personal or real property, or annoy any reasonable person through loud noises, unsightly messes, foul smells, or unlawfully interfere with the legitimate use of property; and

5. Prevent and prohibit acts or omissions which violate noncriminal provisions of the Milton Municipal Code.

B. By preventing and prohibiting the foregoing acts or omissions it is the intention to:

1. Maintain and upgrade the enjoyment by the public of public property;

2. Maintain and enhance the value of private property within the boundaries of the city of Milton; and

3. Maintain the health, safety and security of the residents of the city of Milton. (Ord. 1677 § 1, 2006).

1.08.020 Definitions.

“Building official” means that person designated as the building official in the International Building Code.

“Code enforcement officer” means that person assigned by the director of the department of community development to enforce violations of the Milton Municipal Code, to the extent not otherwise assigned by the MMC to another city official. (Ord. 1677 § 1, 2006).

1.08.030 Applicability.

This chapter shall apply to violations of Chapters 8.24, 9.52 and 10.21 MMC, MMC Titles 15 through 18, and any other matters assigned by the Milton Municipal Code. (Ord. 1677 § 1, 2006).

1.08.040 Procedure outlined.

The procedure shall generally follow the steps in the diagram below. The diagram shall be superseded by any conflicting procedures specified by the Milton Municipal Code or any other state or federal law.

(Ord. 1677 § 1, 2006).

1.08.050 Complaints.

A. Enforcement of any chapter or section of the MMC pursuant to this section shall be initiated upon the filing of a complaint with the department of planning and community development; provided, that the filing of a complaint may be deferred when deemed necessary by the official responsible for enforcement in order to provide for timely action. Complaints shall be made on forms supplied by the city.

B. To the extent consistent with state law, those citizens filing the complaints shall have their names withheld from public disclosure if they request it at the time of filing the complaint. If the citizen requests that his or her name be withheld, the director of the department of planning and community development, or his/her designee, upon taking the complaint, shall certify that a complaint was received and shall specify the exact nature of the complaint in detail. (Ord. 1677 § 1, 2006).

1.08.060 Investigation.

Complaints shall be investigated by the following officials:

A. Code Enforcement Official. The code enforcement official shall investigate all complaints alleging the following:

1. A nuisance as defined in Chapter 9.52 or 10.21 MMC, except for matters referred to the police.

2. Any violation of MMC Titles 16 through 18.

3. Any other matter referred by the MMC.

B. Building Official. The building official shall investigate all complaints alleging violations of MMC Title 15.

C. Police Officer. Police officers shall investigate complaints involving nuisances within the developed portions of public rights-of-way and the shoulders of any rights-of-way.

D. The planning and community development director has the authority to reassign any of the investigations identified in this section to any other city employee within the director’s supervision or to assign the investigation to another employee with approval by the employee’s supervisor. (Ord. 1677 § 1, 2006).

1.08.070 Civil violations.

The civil violation process specified in Chapter 17.78 MMC shall apply to any violations of MMC Titles 15 through 18, or any other matter expressly identified as subject to this section; provided, that any violation designated as a crime shall not be subject to Chapter 17.78 MMC. (Ord. 1677 § 1, 2006).

1.08.080 Nuisance.

Any action that constitutes a violation of Chapter 9.53 MMC, Nuisance Code, or Chapter 10.21 MMC, Junk Vehicles – Vehicle Storage, shall be subject to citation as an infraction as specified in MMC 9.53.070 and/or MMC 10.21.150. If the nuisance is of such a degree that the property is unfit for habitation or other use as contemplated in Chapter 35.80 RCW, the code enforcement person may elect to employ the remedies and procedures specified in Chapter 8.24 MMC, Dangerous Buildings. If the nuisance presents an imminent and material threat to public health, safety and/or welfare, the code enforcement officer may summarily abate a nuisance without process to the extent authorized by law; provided, that the owner of the subject property and/or responsible party is given an opportunity to correct the nuisance to the extent safe and practicable and notice of the pending or completed abatement is provided at the earliest reasonable opportunity. To the extent authorized by law, the city may also summarily abate nuisances if they interfere with city operations or disrupt traffic. The code enforcement person shall employ the assistance of a police officer to physically perform a summary abatement. (Ord. 1677 § 1, 2006).

1.08.090 Multiple penalties.

If any violation of the MMC is subject to more than one civil penalty in violation of state law, the MMC shall be construed as imposing the highest penalty and shall be subject only to the enforcement process of that penalty. If a violation constitutes both a crime under state law and a civil violation of the MMC, the violation shall be prosecuted as a crime only. State-mandated civil penalties shall also supersede any civil penalty imposed by the MMC when state law prohibits the existence of both. (Ord. 1677 § 1, 2006).

1.08.100 Additional enforcement procedures.

The provisions of this chapter are not exclusive, including abatement procedures and remedies, and may be used in addition to other enforcement provisions authorized by the Milton Municipal Code and/or state law. (Ord. 1677 § 1, 2006).

1.08.110 Right of entry.

Whenever it is necessary to make an inspection to enforce any of the provisions of the MMC, or whenever the director of planning and community development has reasonable cause to believe that there exists in any building, or upon any premises, any condition which makes such building or premises nonconforming to the MMC, the director of planning and community development or the person responsible for code enforcement may enter such building or premises to the extent authorized by law; provided, that if such building or premises are occupied, the director of planning and community development or the person responsible for code enforcement shall first present proper credentials and demand entry; and if such building or premises are unoccupied, the director or the person responsible for code enforcement shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the director of planning and community development shall have recourse to every remedy provided by law to secure entry. Nothing in this section shall be construed as authorizing entry without a search warrant if a warrant is legally required. Nothing in this section shall be construed as requiring advance authorization from the property owner if such authorization is not legally required and its acquisition would jeopardize the acquisition of information or the safety of the code enforcement officer. (Ord. 1677 § 1, 2006).

Chapter 1.09
CITY LOGO

(Repealed by Ord. 1695)

Chapter 1.10
OFFICIAL NOTICES

Sections:

1.10.010 Official posting places designated.

1.10.020 Official newspaper designated.

1.10.010 Official posting places designated.

The following public places in the city are designated as the official posting places for all city notices and other documents required to be posted pursuant to RCW 35A.12.160:

A. Milton City Hall, 1000 Laurel Street, Milton, Washington;

B. Milton Activity Center, 1000 Laurel Street, Milton, Washington;

C. United States Post Office, 2825 Milton Way, Milton, Washington; and

D. Whenever possible, the city shall utilize additional forms of notice including, but not limited to, the city of Milton official website. (Ord. 1648 § 1, 2005).

1.10.020 Official newspaper designated.

A. All ordinances enacted by the city council and other legal notices of the city required to be published by law shall be published in a newspaper of general circulation within the city designated by resolution of the city council.

B. Ordinances approved, passed and enacted by the city council shall be published once in the official paper designated by resolution of the city council. Nothing herein shall be construed so as to prevent the publication of ordinance summaries as provided by law. Newspaper publication shall be under the direction of the city clerk. All ordinances shall be available for public inspection in the office of the city clerk in accordance with RCW 35A.12.150. (Ord. 1648 § 2, 2005).