Chapter 16.13
Enforcement

Sections:

16.13.010 Enforcing Official – Authority

16.13.020 General Penalty

16.13.030 Application

16.13.040 Civil Regulatory Order

16.13.050 Civil Fines

16.13.060 Review of Approved Permits

16.13.070 Revocation or Modification of Permits and Approvals

16.13.010 Enforcing Official – Authority

The City Manager or designee shall be responsible for enforcing SMC Titles 13 through 16 and may adopt administrative rules to meet that responsibility. The City Manager or designee may delegate enforcement responsibility to the Director of Planning and Community Development, City Engineer, Director of Public Works, Building Official, Fire Chief, Chief of Police or Code Enforcement Officer as appropriate. (Ord. 01-1006 § 8; Ord. 96-1008 § 1)

16.13.020 General Penalty

Compliance with the requirements of SMC Titles 13 through 16 shall be mandatory. The general penalties and remedies established in Chapter 1.15 SMC for such violations shall apply to any violation of those titles. The enforcement actions authorized under this chapter shall be supplemental to those general penalties and remedies. (Ord. 96-1019 § 16; Ord. 96-1008 § 1)

16.13.030 Application

A.  Actions under this chapter may be taken in any order deemed necessary or desirable by the City Manager or his designee to achieve the purpose of this chapter or of the Development Code.

B.  Proof of a violation of a development permit or approval shall constitute prima facie evidence that the violation is that of the applicant and/or owner of the property upon which the violation exists. An enforcement action under this chapter shall not relieve or prevent enforcement against any other responsible person. (Ord. 96-1008 § 1)

16.13.040 Civil Regulatory Order

A.  Authority. A civil regulatory order may be issued and served upon a person if any activity by or at the direction of that person is, has been, or may be taken in violation of the Development Code.

B.  Notice. A civil regulatory order shall be deemed served and shall be effective when posted at the location of the violation and/or delivered to any suitable person at the location and/or delivered by mail or otherwise to the owner or other person having responsibility for the location.

C.  Content. A civil regulatory order shall set forth:

1.  The name and address of the person to whom it is directed;

2.  The location and specific description of the violation;

3.  A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed;

4.  An order that the violation immediately cease, or that the potential violation be avoided;

5.  An order that the person stop work until correction and/or remediation of the violation as specified in the order;

6.  A specific description of the actions required to correct, remedy, or avoid the violation, including a time limit to complete such actions;

7.  A notice that failure to comply with the regulatory order may result in further enforcement actions, including civil fines and criminal penalties.

D.  Remedial Action. The City Manager or his designee may require any action reasonably calculated to correct or avoid the violation, including but not limited to replacement, repair, supplementation, revegetation, or restoration.

E.  Appeal. A civil regulatory order may be appealed in accordance with SMC 1.15.160. (Ord. 96-1008 § 1)

16.13.050 Civil Fines

A.  Authority. A person who violates any provision of the Development Code, or who fails to obtain any necessary permit, or who fails to comply with a civil regulatory order shall be subject to a civil fine.

B.  Amount. The civil fine assessed shall not exceed the penalties as outlined in SMC 1.15.065 for each violation. Each separate day, event, action or occurrence shall constitute a separate violation.

C.  Notice. A civil fine shall be imposed by a written notice, and shall be effective when served or posted as set forth in SMC 16.13.030(B). The notice shall describe the date, nature, location, and act(s) comprising the violation, the amount of the fine, and the authority under which the fine has been issued.

D.  Collection. Civil fines shall be immediately due and payable upon issuance and receipt of the notice. The City Manager or designee may issue a regulatory order stopping work until such fine is paid. If remission or appeal of the fine is sought, the fine shall be due and payable upon issuance of a final decision. If a fine remains unpaid thirty (30) days after it becomes due and payable, the City Manager or designee may take actions necessary to recover the fine. Civil fines shall be paid into the City’s general fund.

E.  Application for Remission. Any person incurring a civil fine may, within ten (10) days of receipt of the notice, apply in writing to the City Manager or designee for remission of the fine. The City Manager or designee shall issue a decision on the application within ten (10) working days. A fine may be remitted only upon a demonstration of extraordinary circumstances.

F.  Appeal. A civil fine may be appealed to the City Council as set forth in this chapter. (Ord. 01-1006 § 9; Ord. 96-1008 § 1)

16.13.060 Review of Approved Permits

A.  Review. Any approval or permit issued under the authority of the Development Code may be reviewed for compliance with the requirements of the Development Code, or to determine if the action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by fraud or deception.

B.  Initiation of Review. The review of an approval or permit may be initiated by the City Manager or his designee, City Council or by petition to the City Manager or his designee by three (3) property owners or three (3) residents of separate dwelling units in the City, stating their belief as to the noncompliance, nuisance or hazard of the permitted activity.

C.  City Manager or Designee Investigation. Upon receipt of information indicating the need for, or upon receiving a request for, review of permit or approval the City Manager or his designee shall investigate the matter and take one or more of the following actions:

1.  Notify the property owner or permit holder of the investigation; and/or

2.  Issue a civil regulatory order and/or civil fine and/or recommend revocation or modification of the permit or approval; and/or

3.  Refer the matter to the City Attorney; and/or

4.  Refer the matter to the City Council with a recommendation for action. (Ord. 96-1008 § 1)

16.13.070 Revocation or Modification of Permits and Approvals

Revocation of permits shall be done in accordance with the requirements of SMC 1.15.260. (Ord. 96-1008 § 1)