Title 4
CITY ENFORCEMENT REGULATIONS

Chapters:

4.05 Generally

4.10 Junk Motor Vehicles

4.12 Storage and Parking of Vehicles on Residential Property

4.15 Notices and Orders of the Director

4.20 Suspension and Revocation of Permits

4.25 Recovery of Civil Penalty and Cost of Abatement

Chapter 4.05
GENERALLY

Sections:

4.05.010 Administration.

4.05.020 Definitions.

4.05.030 Declaration of nuisance.

4.05.040 Right of entry.

4.05.050 Abatement proceedings – Authorized.

4.05.060 Abatement proceedings – Legal relief.

4.05.080 Misdemeanor.

4.05.090 Civil penalties – Procedures.

4.05.100 Civil penalties – General requirements.

4.05.110 Civil penalties – Schedules.

4.05.120 Enforcement and penalties for sensitive areas.

4.05.010 Administration.

The directors are authorized to utilize the procedures of this title in order to enforce violations of any land use or public health ordinance. (Ord. 37 § 1 Exh. A (.04.010), 1994).

4.05.020 Definitions.

For the purpose of this title, the words and phrases designated in this section shall be defined as follows:

A. “City” means the city of Newcastle.

B. “Director” means the director of the department of community development (the “local health officer” as that term is used in Chapter 70.05 RCW), if any, the fire marshal or such other person as the council shall by ordinance authorize to utilize the provisions of this title, and shall also include any duly authorized representative of such directors.

C. “Hearing examiner” means the city hearing examiner.

D. “Nuisance” is defined as unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs, or tends to obstruct, or render dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or which in any way renders other persons insecure in life, or in the use of property.

E. “Public nuisance” means a nuisance which affects the rights of an entire community or neighborhood, although the extent of the nuisance may be unequal.

F. “Land use ordinance” includes the ordinance codified in this title and any other existing or future ordinance or resolution of the city which regulates the use and development of land, whether or not such ordinance or resolution has been or will be codified, including but not limited to the following ordinances and amendments which shall be enforced by the director of community development or any duly authorized representative: the zoning code, the subdivision code, the building and construction codes, the shoreline management ordinance, the surface water runoff ordinance, the surface water design manual and the city road standards.

G. “Public health ordinance” includes the ordinance codified in this title and any other existing or future ordinance or resolution of the city, or provisions of the Washington Administrative Code which regulate the public health, including but not limited to the following ordinances and amendments: the rabies control section of the animal control ordinance, the plumbing code, the city’s water pollution ordinance and the city’s nuisance ordinance.

H. “Permit” means any form of certificate, approval, registration, license, or other written permission given to any person to engage in any activity as required by law, ordinance or regulation.

I. “Person” includes any natural person, organization, corporation or partnership and their agents or assigns. (Ord. 57 § 1, 1994; Ord. 37 § 1 Exh. A (.04.020), 1994).

4.05.030 Declaration of nuisance.

All violations of land use and public health ordinances are determined to be detrimental to the public health, safety, and welfare and are public nuisances. All conditions which are determined by a director to be in violation of any land use or public health ordinance shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means, as provided in this title. (Ord. 37 § 1 Exh. A (.04.030), 1994).

4.05.040 Right of entry.

A. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of any land use or public health ordinance, or whenever a director or his duly authorized inspector has cause to believe that a violation of any land use or public health ordinance has been or is being committed, the inspector may enter any building, structure, property or portion thereof at reasonable times to inspect the same.

B. If such building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection, and demand entry.

C. If such building, structure, property or portion thereof is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, property or portion thereof and demand entry. If the inspector is unable to locate the owner or such other persons, and he has reason to believe that conditions therein create an immediate and irreparable land use or health hazard, he shall make entry.

D. It is unlawful for any owner or occupant or any other person having charge, care or control of any building, structure, property or portion thereof to fail or neglect after proper demand has been given to permit prompt entry thereon where the inspector has reason to believe that conditions therein create an immediate and irreparable land use or health hazard.

E. Unless entry is consented to by the owner or person in control of any building, structure, property or portion thereof or conditions are believed to exist which create an immediate and irreparable land use or health hazard, the inspector, prior to entry, shall obtain a search warrant as authorized by the laws of the state of Washington. (Ord. 37 § 1 Exh. A (.04.040), 1994).

4.05.050 Abatement proceedings – Authorized.

In addition to or as an alternative to any other judicial or administrative remedy provided in this title or by law or other ordinance, a director may order that a violation of a land use or public health ordinance, a rule or regulation adopted thereunder, or a condition of any permit or approval issued pursuant to such ordinance, rule or regulation, be abated. A director may order any person who creates or maintains a violation of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of any permit or approval issued pursuant to such ordinance, rule or regulation, to commence corrective work and to complete the work within such time as the director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, a director may proceed to abate the violation and cause the work to be done. The director will charge the costs thereof as a lien against the property and as both a joint and separate personal obligation of any person who is in violation. If the city is forced to abate a violation pursuant to this section, the director will commence a judicial action for all costs and fees incurred by the city in abating the violation and shall seek both a judgment lien against the property and a personal judgment against all violators of the ordinance, rule or permit condition, jointly and severally. (Ord. 2002-256 § 1; Ord. 37 § 1 Exh. A (.04.050), 1994).

4.05.060 Abatement proceedings – Legal relief.

Notwithstanding the existence or use of any other remedy, a director may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of any permit or approval issued pursuant to such ordinance, rule or regulation. (Ord. 2002-256 § 2; Ord. 37 § 1 Exh. A (.04.060), 1994).

4.05.080 Misdemeanor.

As an alternative to any other judicial or administrative remedy provided in this title or by law or other ordinance, a director may refer to the prosecuting attorney for criminal prosecution a willful or knowing violation of any land use or public health ordinance, any rule or regulation adopted thereunder, any condition of any permit or approval issued pursuant to such ordinance, rule or regulation, or any order issued pursuant to this title. Any person who willfully or knowingly violates any land use or public health ordinance, any rule or regulation adopted thereunder, any condition of any permit or approval issued pursuant to such ordinance, rule or regulation, or any order issued pursuant to this title, or by each act of commission or omission procures, aids or abets such violation, is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000 and/or imprisonment in the county jail for a term not to exceed 90 days. Each day such violation continues shall be considered an additional misdemeanor offense. (Ord. 2002-256 § 3; Ord. 37 § 1 Exh. A (.04.080), 1994).

4.05.090 Civil penalties – Procedures.

A. Any person or entity that violates any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of any permit or approval issued pursuant to such ordinance, rule or regulation, or that, by any action of commission or omission procures, aids or abets such violation, shall be subject to civil penalties as provided in this chapter.

B. Civil penalties may be directly assessed by the appropriate director by means of a notice and order issued pursuant to Chapter 4.15 NMC, or may be recovered by legal action filed in King County superior court by the city.

C. Civil penalties assessed by means of a notice and order shall be collected in accordance with the lien, personal obligation and other procedures specified in this title. Civil penalties assessed in a legal action in superior court shall be collected in the same manner as judgments in civil actions. (Ord. 2002-256 § 4; Ord. 37 § 1 Exh. A (.04.090), 1994).

4.05.100 Civil penalties – General requirements.

A. Any person engaged in the development, management, sale, rental or use of property solely for the purpose of residential occupancy by the person or his or her immediate family shall be deemed to be engaged in noncommercial ventures for purposes of this chapter. All other persons shall be deemed to be engaged in commercial ventures for purposes of this chapter.

B. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be deemed a violation for purposes of this chapter. Civil penalties for failure to obtain any required permit or to follow any condition of any issued permit or approval shall begin to accrue on the first day activity subject to the permit or approval requirement or permit or approval condition is commenced and shall cease to accrue on the day the permit is obtained or the permit or approval condition is satisfied. (Ord. 2002-256 § 5; Ord. 37 § 1 Exh. A (.04.100), 1994).

4.05.110 Civil penalties – Schedules.

A. Civil penalties for violation by persons engaged in commercial ventures shall be assessed pursuant to the following schedule:

Violation of city code provisions or permit or approval conditions relating to:
Water pollution	$1,000 per violation
Clearing, grading and/or paving and/or Sections 5.4.2 and 5.5 of the Surface Water Design Manual	$1,000 per violation
Subdivisions	$250 per violation
Chapter 18.24 NMC, Environmentally Sensitive Areas	See provisions in NMC 4.05.120
Violation of any stop work order	$500 per violation
Violation of any stop work order issued for a violation of Chapter 18.24 NMC, Environmentally Sensitive Areas	$2,000 per violation
All other violations	$150 per violation

B. Civil penalties for violations by persons engaged in noncommercial ventures shall be assessed pursuant to the following schedule:

Violation of city code provisions or permit or approval conditions relating to:
Water pollution	$500 per violation
Clearing, grading and/or paving and/or Sections 5.4.2 and 5.5 of the Surface Water Design Manual	$500 per violation
Subdivisions	$100 per violation
Chapter 18.24 NMC, Environmentally Sensitive Areas	See provisions in NMC 4.05.120
Violation of any stop work order	$100 per violation
Violation of any stop work order issued for a violation of Chapter 18.24 NMC, Environmentally Sensitive Areas	$1,000 per violation
All other violations	$25 per violation

C. Penalties for the second separate violation by the same person shall be double the rates identified in subsections (A) and (B) of this section; provided, that for violations of Chapter 18.24 NMC, penalties shall be assessed in accordance with NMC 4.05.120. Each day on which activity occurs in violation of a stop work order shall be deemed a separate violation for purposes of this section.

D. In addition to obtaining any civil or criminal remedy provided for by this chapter, a director may assess the costs incurred by the city in enforcing this chapter against any person or entity that violates any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of any permit or approval issued pursuant to such ordinance, rule or regulation, or that, by any action of commission or omission procures, aids or abets such violation. The costs of enforcement shall be a joint and several obligation of any and all persons and/or entities in violation. (Ord. 2002-256 § 6; Ord. 57 § 2, 1994; Ord. 37 § 1 Exh. A (.04.110), 1994).

4.05.120 Enforcement and penalties for sensitive areas.

The enforcement provisions for sensitive areas are intended to encourage compliance with Chapter 18.24 NMC, Environmentally Sensitive Areas, and protect sensitive areas and the public from harm. To achieve this, violators will not only be required to restore damaged sensitive areas, insofar as that is possible, but will also be required to pay a civil penalty for the redress of ecological, recreational, and economic values lost or damaged due to their unlawful action.

A. The provisions in this section are in addition to and not in lieu of any other penalty, sanction or right of action provided by law.

B. In all cases, the owner of the land shall be named as a party to the notice and order. In addition to any other persons who may be liable for violations, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed.

C. Violation of this section means the violation of any provision of Chapter 18.24 NMC, Environmentally Sensitive Areas, or of the administrative rules promulgated hereunder, or of any permit or approval or stop work order or any other order issued pursuant hereto, or of any of the terms and conditions of any sensitive area tract or setback area, easement or other covenant, plat restriction or binding assurance, or of any mitigation plan, or contract or agreement concluded pursuant to the abovementioned provisions of this section.

D. Civil Penalties. Any person in violation of Chapter 18.24 NMC, Environmentally Sensitive Areas, shall be subject to civil penalties assessed as follows:

1. An amount reasonably determined by the director to be equivalent to the economic benefit that the violator derives from the violation as measured by the greater of the resulting increase in market value of the property or the value received by the violator, or savings of construction costs realized by the violator performing any act in violation of this chapter.

2. An amount, not to exceed $25,000, that is reasonably based upon the nature and gravity of the violation and the cost to the city of enforcing this chapter against the violator.

3. Any civil penalty recovered under this section shall be deposited in the sensitive areas mitigation fund for use by the city in protecting or restoring sensitive areas as set forth in NMC Title 18, Zoning.

4. No civil penalty shall be imposed under this chapter upon the city or city employees for any act or omission relating to the administration or enforcement of this chapter.

F. Revocation or Refusal to Accept Application.

1. In addition to the revocation and suspension provisions set forth in Chapter 4.20 NMC, a permit or approval that is subject to sensitive areas review may be revoked or suspended upon failure by an applicant to disclose a change of circumstances on the development proposal site which materially affects his or her ability to meet the permit or approval conditions or which makes inaccurate the sensitive area study that was the basis for imposing permit or approval conditions.

2. In addition to any other enforcement method, to further the remedial purposes of this section, the city shall refuse to accept any application for a permit or approval for a development proposal for any property on which a violation of this chapter has occurred, or of the administrative rules promulgated thereunder or of any permit, approval, order, easement plan or agreement issued pursuant thereto has occurred. Such refusal shall continue until the violation is cured by restoration accepted as complete by the city and by payment of any civil penalty imposed for the violation; provided, that applications for permits or approvals shall be accepted to the extent necessary to accomplish any required cure.

3. In order to further the remedial purpose of this section, the city shall refuse to accept any application for a development proposal permit or approval from any person found to have violated this chapter until the violation is cured by restoration accepted as complete by the city or a mitigation plan and performance bond to ensure completion has been approved by the city and by payment of any civil penalty imposed for the violation; provided, that applications shall be accepted to the extent necessary to accomplish any required cure.

4. For the purposes of this subsection, a person will be deemed to have been found in violation of this chapter:

a. When a notice and order alleging a violation is issued and not timely appealed; or

b. When a determination is made by a hearing examiner that a person has committed a violation, unless that determination is timely appealed to superior court and is thereupon reversed or otherwise stayed.

G. Any person subject to the provisions of this chapter who violates any provision of this chapter shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area, within a reasonable time, to its condition prior to such violation. (Ord. 37 § 1 Exh. A (.04.120), 1994).

Chapter 4.10
JUNK MOTOR VEHICLES

Sections:

4.10.010 Purpose.

4.10.020 Definitions.

4.10.030 Certification.

4.10.040 Violations.

4.10.050 Exceptions.

4.10.060 Notice required.

4.10.070 Determination of responsibility.

4.10.080 Hearings.

4.10.090 Abatement and removal.

4.10.100 Costs of removal and disposal.

4.10.110 Rules and procedures.

4.10.010 Purpose.

The purpose of this chapter is to establish procedures for the abatement and removal of public nuisances of junk motor vehicles pursuant to RCW 46.55.240. (Ord. 37 § 1 Exh. A (.08.010), 1994).

4.10.020 Definitions.

“Junk vehicle” means a motor vehicle certified under NMC 4.10.030 as meeting three of the following requirements:

A. Is three years old or older;

B. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission;

C. Is apparently inoperable;

D. Has a fair market value equivalent only to the value of the scrap in it. (Ord. 2002-259 § 1; Ord. 37 § 1 Exh. A (.08.020), 1994).

4.10.030 Certification.

Any individual authorized by director of community development may inspect and certify that a vehicle meets the requirements of a junk vehicle. Such certification shall be in writing and shall record the make and vehicle identification number and license number of the vehicle if available. The certifying individual shall also describe in detail the damage or missing equipment to verify that the value of the junk vehicle is equivalent only to the value of scrap. (Ord. 37 § 1 Exh. A (.08.030), 1994).

4.10.040 Violations.

It shall be unlawful to park, store or abandon junk vehicles on private property with exceptions as provided in NMC 4.10.050. Such a violation shall be a nuisance subject to the abatement procedure set out in this chapter and shall be deemed a violation of a land use ordinance for purposes of this title. The procedures in this chapter are in addition to the existence and use of any other remedy available. (Ord. 37 § 1 Exh. A (.08.040), 1994).

4.10.050 Exceptions.

This chapter shall not apply to a vehicle or part thereof which is: (1) completely enclosed within a building in a lawful manner or whether covered or uncovered, where it is not visible from the street or other public or private property; or (2) stored or parked in a lawful manner on private property in connection with the business of a licensed dismantled vehicle dealer and is fenced as required by state law. (Ord. 2002-259 § 2; Ord. 37 § 1 Exh. A (.08.050), 1994).

4.10.060 Notice required.

A. The last registered vehicle owner of record and the property owner of record shall each be given notice by certified mail with a return receipt requested, that a public hearing may be requested before the hearing examiner and that if no hearing is requested within 15 days from the date of the postmark of the notice, the vehicle or automobile hulk will be removed.

B. If a request for hearing is received within 15 days of the postmark, a notice giving the time, location and date of such hearing on the question of abatement and removal of the vehicle or vehicles or part(s) as a public nuisance shall be mailed, by certified mail with a return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of each vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership or the owner of the land has denied the certifying individual entry to the land to obtain the vehicle identification number. (Ord. 37 § 1 Exh. A (.08.060), 1994).

4.10.070 Determination of responsibility.

The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and may deny responsibility for the presence of the vehicle on the land stating the reason for such denial. If it is determined by the hearing examiner that the vehicle was placed on the land without consent of the land owner and that the land owner has not subsequently acquiesced in its presence, then costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located nor otherwise be collected from the land owner. Nothing in this chapter shall relieve the property owner from any civil penalties which may accrue from any zoning code violation related to the improper placement, parking, or storage of vehicles or parts thereof. (Ord. 37 § 1 Exh. A (.08.070), 1994).

4.10.080 Hearings.

In addition to determination of responsibility as provided in NMC 4.10.070, the hearing examiner shall receive and examine evidence on issue of whether a public nuisance as defined in this chapter exists. The decision of hearing examiner shall be final. Any further approval shall be as prescribed in Chapter 2.20 NMC, Hearing Examiner. (Ord. 37 § 1 Exh. A (.08.080), 1994).

4.10.090 Abatement and removal.

After notice has been given that the city intends to dispose of the vehicle or vehicles or part(s) thereof, and after a hearing has been held if requested consistent with this chapter, the vehicle(s) or part(s) thereof shall be removed at the direction of a law enforcement officer or zoning code enforcement officer. The vehicle(s) or part(s) thereof shall be disposed at a licensed vehicle wrecker, hulk hauler or scrap processor with notice given to the Washington State Patrol and to the Department of Licensing that the vehicle has been wrecked. (Ord. 37 § 1 Exh. A (.08.090), 1994).

4.10.100 Costs of removal and disposal.

A. The costs of removal and disposal shall be assessed against the last registered owner if the identity of the owner can be determined unless the owner in the transfer of ownership complied with RCW 46.12.101, or against the owner of the property on which the vehicle is stored subject to NMC 4.10.070, or both. If both the owner of the vehicle and the property owner are assessed the costs of removal, then liability for the costs shall be their joint and separate obligation.

B. The costs of administration and of removal and disposal of the vehicle may be recovered pursuant to NMC 4.25.020. (Ord. 37 § 1 Exh. A (.08.100), 1994).

4.10.110 Rules and procedures.

The director of community development may adopt such rules as may be necessary to effectively implement and administer this chapter. (Ord. 37 § 1 Exh. A (.08.110), 1994).

Chapter 4.12
STORAGE AND PARKING OF VEHICLES ON RESIDENTIAL PROPERTY

Sections:

4.12.010 Purpose.

4.12.020 Definitions.

4.12.030 General requirements.

4.12.040 Recreational vehicles.

4.12.050 Enforcement and penalty.

4.12.060 Effective date for enforcement.

4.12.010 Purpose.

The intent of this chapter is to define permitted locations for residential storage and parking of automobiles and recreational, utility and commercial vehicles within the residential zones of R-1 through R-8 of the city, such that neighborhood safety, quality and character are maintained. (Ord. 2004-293 § 1).

4.12.020 Definitions.

A. “Commercial vehicle” means a vehicle used in a business, including a home business or home occupation.

B. “Recreational vehicle” means a vehicle designed primarily for recreational camping, recreational travel or seasonal recreational use which has its own motive power or is mounted on or towed by another vehicle.

C. “Vehicle” means an operable or inoperable self-propelled device used for the transportation of people or goods over land, air, or water surfaces. (Ord. 2004-293 § 1).

4.12.030 General requirements.

This section applies to all vehicle storage and parking within the R-1 through R-8 zones.

A. On lots with 10,890 square feet or less area, all vehicle storage and parking associated with R-1 through R-8 zones must be in a garage, carport or on an approved impervious surface used for vehicle parking or storage with direct and unobstructed driveway access.

B. Unless the International Building Code or International Fire Code dictate otherwise, there shall be no minimum building separation required between buildings and vehicles.

C. Storing or parking of commercial vehicles whose gross vehicle combined weight is in excess of 20,000 pounds is prohibited in R-1 through R-8 zones.

D. Vehicles shall not intrude into a publicly traveled portion of the right-of-way or recorded access easement or obstruct sight visibility from adjacent driveways, public rights-of-way or recorded access easements, and no parking shall be permitted on unimproved, unopened public rights-of-way. (Ord. 2004-293 § 1).

4.12.040 Recreational vehicles.

This section applies to all recreational vehicle storage and parking within the R-1 through R-8 zones.

A. Recreational vehicles equipped with liquefied petroleum gas containers shall meet the standards of the Interstate Commerce Commission. Valves on gas containers shall be closed when the vehicle is stored, and, in the event of leakage, immediate corrective action must be taken.

B. Recreational vehicles shall not be parked in a critical area building setback, in a critical area buffer, in critical areas, on slopes greater than 15 percent, in designated open spaces, in recreational areas or in floodways.

C. Recreational vehicles designed and intended for habitation may be occupied on a temporary basis not to exceed 30 days within one calendar year.

D. Recreational vehicles may be stored or parked within a garage or carport.

E. Recreational vehicles may be stored or parked within a side or rear yard.

F. Recreational vehicles may be stored or parked within a front yard on an impervious surface only. (Ord. 2004-293 § 1).

4.12.050 Enforcement and penalty.

Any violation of this chapter shall be enforced as a violation of a land use or public health ordinance, as set forth in the general enforcement regulations of Chapter 4.05 NMC and the notice of violation procedures of Chapter 4.15 NMC. Any person who violates this chapter shall be subject to the penalties set forth in Chapter 4.05 NMC. (Ord. 2004-293 § 1).

4.12.060 Effective date for enforcement.

Notwithstanding any other provision of this chapter, for a maximum six-month period from the effective date of the ordinance codified in this chapter, any vehicle which was owned and was being stored or parked on a property by the occupant of the property on the effective date of the ordinance codified in this chapter may continue to be stored or parked; provided, that all such vehicles must be in compliance with all relevant requirements of the Newcastle Municipal Code in effect prior to the adoption of the ordinance codified in this chatper. (Ord. 2004-293 § 1).

Chapter 4.15
NOTICES AND ORDERS OF THE DIRECTOR

Sections:

4.15.010 Initiation.

4.15.020 Issuance – Contents.

4.15.030 Issuance – Supplemental.

4.15.040 Service.

4.15.050 Administrative conference.

4.15.060 Appeals.

4.15.070 Designated.

4.15.080 Final order – Enforcement.

4.15.010 Initiation.

A. Whenever a director has reason to believe that a use or condition exists in violation of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of any permit or approval issued pursuant to such ordinance, rule or regulation, the director may initiate a civil or criminal action pursuant to NMC 4.05.060 or 4.05.080, and/or, at the director’s option, commence an administrative enforcement action to assess a civil penalty pursuant to NMC 4.05.090, to require an abatement pursuant to NMC 4.05.050, to collect enforcement costs incurred by the city pursuant to NMC 4.05.110 and/or 4.05.120 and/or to suspend or revoke a permit pursuant to Chapter 4.20 NMC. If the director elects to commence an administrative enforcement action pursuant to Chapter 4.05 NMC and/or Chapter 4.20 NMC, the director shall follow the notice and order procedures set forth in this chapter.

B. Pending commencement and completion of the notice and order procedure provided for in this chapter, a director may cause a stop work order to be posted on the subject property or served on persons engaged in any work or activity in violation of a land use or public health ordinance, any rule or regulation adopted thereunder, or the condition(s) of any permit or approval issued pursuant to such ordinance, rule or regulation. Upon the posting or service of the stop work order, all work named in the stop work order shall immediately cease and shall not resume until such time as the work is approved and the person(s) engaged in the work are authorized to proceed with the work; provided, that, where a stop work order is issued in response to a violation of Chapter 18.24 NMC, relating to sensitive areas, all activity on the subject site shall cease and shall not resume until authorized by the director to proceed.

C. Upon issuance of any notice or order, the director may file a copy of the same with the King County office of records and elections. Following the satisfactory resolution of the notice and order, the director shall file a notice of satisfaction with the King County office of records and elections. (Ord. 2002-256 § 7; Ord. 37 § 1 Exh. A (.12.010), 1994).

4.15.020 Issuance – Contents.

A. Whenever a director has reason to believe that a violation of a land use or public health ordinance, any rules or regulations adopted thereunder, or any condition of any permit or approval issued pursuant to such ordinance, rule or regulation will be most promptly and efficiently terminated by an administrative enforcement proceeding, the director shall issue a written notice and order directed either to the owner or person in possession of the property where the violation originates or occurs, the owner or operator of the source of the violation, or the person otherwise causing or responsible for the violation. Such notice and order may be issued by any director acting alone or, where violations of more than one city ordinance, rule, regulation or permit or approval condition exist, in conjunction with a notice and order issued by another director.

B. A notice and order issued by a director pursuant to this chapter shall contain:

1. The street address, legal description, or other description of the real property sufficient to identify the location of the violation, as well as a description of any personal property subject to the notice and order;

2. A statement that the director has found a violation of a land use or public health ordinance, a rule or regulation adopted thereunder, or a condition of a permit or approval issued pursuant to such ordinance, rule or regulation, along with a brief and concise description of the violation;

3. A statement of any required corrective action. If the director has determined that corrective work is required, the order shall require that all required permits be secured and that the work be physically commenced and completed within such time as the director determines reasonable under the circumstances;

4. A statement specifying the amount of any civil penalty assessed as a result of the violation and, if applicable, the conditions on which the assessment of such civil penalty is contingent;

5. Statements advising that:

a. If any required corrective work is not commenced or completed within the time specified, the director will proceed to abate the violation and cause the work to be done, and that the director shall commence an action to charge the costs of abatement as a lien against the property and as a joint and several personal obligation of any person in responsible for the violation; and

b. If any assessed civil penalty is not paid within the time required, the director will commence an action to charge the amount of the penalty as a lien against the property and as a joint and several obligation of any person responsible for the violation.

6. A statement advising that the order shall become final; unless, no later than 10 days after the notice and order is served, any person aggrieved by the notice and order requests in writing an appeal before the hearing examiner. (Ord. 2002-256 § 8; Ord. 37 § 1 Exh. A (.12.020), 1994).

4.15.030 Issuance – Supplemental.

A director may at any time add to, rescind in part, or otherwise modify a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notices and orders contained in this title. (Ord. 37 § 1 Exh. A (.12.030), 1994).

4.15.040 Service.

Service of the notice and order shall be made upon all persons identified in the notice and order either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested. If the address of any such person cannot reasonably be ascertained, a copy of the notice and order shall be mailed to such person at the address of the location of the violation. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the date of postmark. The notice and order may be, but is not required to be posted on the subject property. (Ord. 37 § 1 Exh. A (.12.040), 1994).

4.15.050 Administrative conference.

An informal administrative conference may be conducted at any time by a director for the purposes of bringing communications between concerned parties, and providing a forum for efficient resolution of any violation. A director may call a conference in response to a request from any person aggrieved by the director’s order, or the director may call a conference on his own motion. Attendance at the hearing shall be determined by the director and need not be limited to those named in a notice and order. As a result of information developed at the conference, the director may affirm, modify or revoke his order. The administrative conference is optional with a director and is not a prerequisite to utilization of any of the enforcement provisions described in this title. (Ord. 37 § 1 Exh. A (.12.050), 1994).

4.15.060 Appeals.

A. Any person aggrieved by the order of a director may request in writing within 10 days of the service of the notice and order an appeal hearing before the city hearing examiner. The request shall cite the notice and order appealed from and contain a brief statement of the reasons for seeking the appeal hearing.

B. The appeal hearing shall be conducted on the record and the hearing examiner shall have such rule-making and other powers necessary for conduct of the hearing as are specified by Chapter 2.20 NMC, Hearing Examiner. Such appeal hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appealing party, to the director whose order is being appealed, and to other interested persons who have requested in writing that they be so notified. The director may submit a report and other evidence indicating the basis for the enforcement order.

C. Each party shall have the following rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called him to testify;

5. To rebut evidence against him;

6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.

D. Following review of the evidence submitted, the hearing examiner shall make written findings and conclusions, and shall affirm or modify the order previously issued if he finds that a violation has occurred. The written decision of the hearing examiner shall be mailed by certified mail, postage prepaid, return receipt requested to all the parties.

E. Whenever possible, the appeal from a director’s order shall be combined with any other appeal from enforcement actions relating to the same subject matter and falling within the jurisdiction of the hearing examiner. (Ord. 37 § 1 Exh. A (.12.060), 1994).

4.15.070 Designated.

A. Any order duly issued by a director pursuant to the procedures contained in this title shall become final 10 days after service of the notice and order unless a written request for hearing is received by the hearing examiner within the 10-day period.

B. An order which is subjected to the appeal procedure shall become final 10 days after mailing of the hearing examiner’s decision unless within that time period an aggrieved person initiates review by writ of certiorari in King County superior court. (Ord. 37 § 1 Exh. A (.12.070), 1994).

4.15.080 Final order – Enforcement.

A. If, after any order duly issued by a director has become final, the person to whom such order is directed fails, neglects, or refuses to obey such order, including refusal to pay a civil penalty assessed under such order, a director may:

1. Cause such person to be prosecuted under the provisions of this title;

2. Institute any appropriate action to collect a civil penalty assessed under this title;

3. Abate the land use or health violation using the procedures of this title;

4. File in the office of the King County records and elections division a certificate describing the property and the violation and stating that the owner has been so notified;

5. Pursue any other appropriate remedy at law or equity under this title.

B. Enforcement of any notice and order of a director issued pursuant to this title shall be stayed during the pendency of any appeal under this title, except when a director determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued. (Ord. 37 § 1 Exh. A (.12.080), 1994).

Chapter 4.20
SUSPENSION AND
REVOCATION OF PERMITS

Sections:

4.20.010 Suspension – Cause.

4.20.020 Revocation – Cause.

4.20.010 Suspension – Cause.

A. A director may temporarily suspend any permit or approval issued pursuant to a land use or public health ordinance, or any rule or regulation adopted thereunder, for:

1. Failure of the holder to comply with the requirements of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of the permit or approval issued pursuant to such ordinance, rule or regulation; or

2. Failure of the holder to comply with any notice or order issued pursuant to this title.

B. Such permit suspension shall be carried out through the notice and order provisions of Chapter 4.15 NMC, and the suspension shall be effective upon service of the notice and order upon the permit holder or operator. The holder or operator may appeal such suspension as provided in Chapter 4.15 NMC.

C. Notwithstanding any other provision of this title, whenever a director finds that a violation of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of a permit or approval issued pursuant to such ordinance, rule or regulation has created or is creating an unsanitary, dangerous or other condition which, in the director’s judgment, constitutes an immediate and irreparable hazard, the director may, without service of a written notice and order, immediately suspend and terminate operations under the permit or approval. (Ord. 2002-256 § 9; Ord. 37 § 1 Exh. A (.16.010), 1994).

4.20.020 Revocation – Cause.

A. A director may permanently revoke any permit or approval issued pursuant to a land use or public health ordinance, any rule or regulation adopted thereunder, for:

1. Failure of the permit or approval holder to comply with the requirements of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of a permit or approval issued pursuant to such ordinance, rule or regulation; or

2. Failure of the permit or approval holder to comply with any notice and order issued pursuant to this title; or

3. Interference with a director in the performance of the director’s duties; or

4. A director’s discovery that a permit was issued in error or on the basis of incorrect information.

B. Such permit or approval revocation shall be carried out through the notice and order provisions of this title and the revocation shall be effective upon service of the notice and order upon the permit or approval holder or operator. The permit or approval holder or operator may appeal such revocation as provided in Chapter 4.15 NMC.

C. A permit or approval may be suspended pending its revocation or a hearing relating thereto. (Ord. 2002-256 § 10; Ord. 37 § 1 Exh. A (.16.020), 1994).

Chapter 4.25
RECOVERY OF CIVIL PENALTY AND COST OF ABATEMENT

Sections:

4.25.010 Lien – Authorized.

4.25.020 Personal obligation – Authorized.

4.25.030 Lien – Notice.

4.25.040 Lien – Priority.

4.25.050 Lien – Claims – Generally.

4.25.070 Lien – Duration – Limitation of action.

4.25.080 Lien – Foreclosure.

4.25.010 Lien – Authorized.

The city shall have a lien for any civil penalty imposed or for the cost of any work of abatement done pursuant to this title, or both, against the real property on which the civil penalty was imposed or any of the work of abatement was performed. (Ord. 37 § 1 Exh. A (.20.010), 1994).

4.25.020 Personal obligation – Authorized.

The civil penalty and the cost of abatement are also joint and separate personal obligations of any person in violation. The prosecuting attorney on behalf of the city may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. (Ord. 37 § 1 Exh. A (.20.020), 1994).

4.25.030 Lien – Notice.

The notice and order of a director pursuant to this title shall give notice to the owner that a lien for the civil penalty or the cost of abatement, or both, may be claimed by the city. (Ord. 37 § 1 Exh. A (.20.030), 1994).

4.25.040 Lien – Priority.

The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state and county taxes, with which it shall be on a parity. (Ord. 37 § 1 Exh. A (.20.040), 1994).

4.25.050 Lien – Claims – Generally.

A. Filing. A director shall cause a claim for lien to be filed for record in the King County office, records and elections division, within 90 days from the date the civil penalty is due or within 90 days from the date of completion of the work or abatement performed pursuant to this title.

B. Contents. The claim of lien shall contain the following:

1. The authority for imposing a civil penalty or proceeding to abate the violation, or both;

2. A brief description of the civil penalty imposed or the abatement work done, or both, including the violations charged and the duration thereof, including the time the work is commenced and completed and the name of the persons or organizations performing the work;

3. A description of the property to be charged with the lien;

4. The name of the known or reputed owner, and if not known, the fact shall be alleged; and

5. The amount, including lawful and reasonable costs, for which the lien is claimed.

C. Verification. A director or his authorized representative shall sign and verify the claim by oath to the effect that the affiant believes the claim is just.

D. Amendment. The claim of lien may be amended in case of action brought to foreclose same, by order of the court, insofar as the interests of third parties shall not be detrimentally affected by amendment. (Ord. 37 § 1 Exh. A (.20.050), 1994).

4.25.070 Lien – Duration – Limitation of action.

No lien created by this title binds the property subject to the lien for a period longer than three years after the claim has been filed unless an action is commenced in the proper court within that time to enforce the lien. (Ord. 37 § 1 Exh. A (.20.070), 1994).

4.25.080 Lien – Foreclosure.

A. Foreclosure. The lien provided by this title may be foreclosed and enforced by a civil action in a court having jurisdiction.

B. Joinder. All persons who have legally filed claims of liens against the same property prior to commencement of the action shall be joined as parties, either plaintiff or defendant.

C. Actions Saved. Dismissal of an action to foreclose a lien at the instance of a plaintiff shall not prejudice another party to the suit who claims a lien. (Ord. 37 § 1 Exh. A (.20.080), 1994).