16.84 Enforcement Provisions

This chapter provides procedures which are intended to ensure compliance with the requirements of this development code. Enforcement of these provisions and any approvals granted by the city shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city's planning efforts, and to protect the public convenience, health, safety, and general welfare. (Ord. 182 § 2 (part), 1997)

The department shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use permits, entitlements, licenses, maps, and approvals granted by the city. The enforcement shall include the right to inspect properties and structures to ensure adequate compliance with the standards of this development code. (Ord. 182 § 2 (part), 1997)

A. Unlawful Use. Any use or structure which is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this development code, or any applicable condition of approval, is hereby declared to be unlawful, and shall be subject to the remedies and penalties specified in the municipal code, including this chapter and/or revocation or modification procedures initiated in compliance with Chapter 16.82 (Revocations and Modifications).

B. Infraction/Misdemeanor. Any person, partnership, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, or failing to comply with any provision(s) of this development code or any condition imposed on any land use permit, entitlement, license, map, or approval, shall be guilty of an in-fraction on each separate day the violation or failure to comply exists, except as otherwise specified herein. Any person responsible for a violation(s) who has previously been convicted two or more times during any one year period for any other violation(s) of this development code shall be guilty of a misdemeanor.

C. Stop Work Order. Any construction in violation of this development code or any condition(s) imposed on a permit, entitlement, license, map, or approval shall be subject to the issuance of a "Stop Work Order." Any violation of a stop work order shall constitute a misdemeanor.

D. Penalties. The penalties for violating any of the provisions of this development code, and/or any condition of a permit, entitlement, license, map, or approval granted under this development code, are identified in the municipal code. The city may recover costs associated with the abatement of violations of this development code, in compliance with Section 16.84.080 (Recovery of Costs), below.

(Ord. 182, § 2 (part). 1997)

All remedies contained in this development code for the handling of violations or enforcement of the provisions of this development code shall be cumulative and not exclusive of any other applicable provisions of local, state, or federal law.

If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this development code. the conviction shall not prevent the city from pursuing any other available remedy(s) to correct the violation.

(Ord. 182 § 2 (part). 1997)

Every applicant seeking an application, permit. or any other action in compliance with this development code shall allow appropriate city officials access to any premises or property which is the subject ofthe application. If the permit or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval.

Failure to allow inspections for compliance shall automatically make all permits and approvals, identified in this development code void.

(Ord. 182 § 2 (part). 1997)

This chapter describes the procedures for initiating enforcement action in cases where the director has deter-mined that property within the city is being used. maintained, or allowed to exist in violation of the provisions of this development code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations. so that other enforcement measures. provided by this chapter, may be avoided. A. Notice to Responsible Parties. The city's code enforcement officer shall provide the record owner of the subject parcel and any person in possession or control of the parcel with a written notice of violation, which shall include the following information:

1. Time Limit. A time limit for correcting the violation, in compliance with subsection B, below;

2. Administrative Costs. A statement that the city intends to charge the property owner for all administrative costs associated with the abatement'of the violation(s). in compliance with Section 16.84.080 (Recovery of Costs), below and/or initiate legal action as described in Section 16.84.070 (Legal Remedies), below; and

3. Meet With the Director to Remedy. A statement that the property owner may request and be provided a meeting with the director to discuss possible methods and time limits for the correction of the violation(s).

B. Time Limit for Correction. The notice of violation shall state that the violation shall be corrected within ten days from the date of the notice to avoid further enforcement action by the city, unless the responsible party contacts the director within that time to arrange for a longer period for correction. The director may approve a time extension where it is determined that the responsible party will likely correct the violation within a reasonable time.

If the director determines that the violation constitutes a hazard to public convenience, health, safety, orgeneral welfare, or if deemed appropriate, the director may require immediate corrective action.

C. Use of Other Enforcement Procedures. The enforcement procedures of Section 16.84.070 (Legal Remedies), below may be employed by the director after or instead of the provisions of this section where the di-rector determines that this section would be ineffective in securing the correction of the violation within a reasonable time. (Ord. 182 § 2 (part), 1997)

The city may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this development code.

A. Civil Actions:

1. Injunction. At the request of the council, on recommendation of the director, the city attorney may apply to a

court of competent jurisdiction for injunctive relief to terminate a violation of this development code.

2. Abatement. Where any person, firm, or corporation fails to abate[.] a violation after being provided a notice of violation in compliance with Section 16.84.060(A) (Notice to Responsible Parties), above, and the opportunity to correct or end the violation, the council, on recommendation of the director, may request the city attorney to apply to a court of competent jurisdiction for an order authorizing the city to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.

3. Medical Marijuana Dispensary a Public Nuisance. In addition to the penalties provided by this title or elsewhere in this code, any operation of a medical marijuana dispensary or mobile medical marijuana dispensary is deemed a public nuisance and may be abated by the city, and each day such condition continues shall be regarded as a new and separate offense. Additionally, any person or entity operating, owning, leasing, occupying or having charge or possession of any property and/or any vehicles thereon where a medical marijuana dispensary or mobile medical marijuana dispensary operates shall be responsible for creating the public nuisance declared by this subsection.

B. Civil Remedies and Penalties:

1. Civil Penalties. Any person who willfully violates the provisions of this development code, or a permit issued in compliance with this development code. shall be liable for a civil penalty not to exceed the maximum amount allowed by law for each day that the violation continues to exist.

2. Costs and Damages. Any person violating any provisions of this development code, or permits issued in compliance with this development code, shall be liable to the city for the costs incurred and the dam-ages suffered by the city, its agents, and agencies as a direct result of the violations.

C. Criminal Actions and Penalties:

1. Misdemeanor. A person violating any provisions of this development code, or a permit issued in compliance

with this development code, shall be guilty of a misdemeanor.

2. An Infraction to a Misdemeanor. An offense that would otherwise be an infraction may. at the discretion of the city attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this development code within the one-year period immediately preceding the commission of the offense, or has been convicted of three or more violations of any of the provisions of this development code within the twoyear period immediately preceding the commission of the offense.

(Ord. 480-13 § 8, 2013; Ord. 182 § 2 (part), 1997)

This section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this development code, in cases where no permit is required to correct a violation. The intent of this section is to recover city administrative and legal costs reasonably related to the required enforcement action(s).

A. Record of Costs. The city shall maintain records of all administrative costs, incurred by responsible city departments. associated with the processing of violations and enforcement of this development code, and shall recover the costs from the property owner, in compliance with this section. staff time shall be calculated at an hourly rate established and revised from time to time by the council.

B. Notice. Upon investigation and a determination that a violation of any provision(s) of this development code is found to exist, the code enforcement officer shall notify the record owner or any person having possession or control of the property by certified mail, of the existence of the violation, the department's intent to charge the property owner

for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the city attorney.

C. Summary of Costs and Notice. At the conclusion of the case, the code enforcement officer shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail. The summary shall include a notice, in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within ten days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

In the event that no request for hearing is timely filed or, after a hearing during which the director affirms the validity of the costs, the property owner and/or person in control shall be liable to the city in the amount stated in the summary or any lesser amount determined by the director. These costs shall be recoverable in a civil action in the name of the city, in a court of competent jurisdiction within the county.

D. Request for Hearing on Costs. A property owner, and/or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the director on their objections to the proposed costs.

1. Request for Hearing. A request for hearing shall be filed with the department within ten days of the service

by certified mail, of the department's summary of costs, on a form provided by the department.

2. Hearing. Within thirty (30) days of the filing of the request, and on ten days written notice to the owner, the

director shall hold a hearing on the owner's objections and determine their validity.

3. Validity of Costs . In determining the validity of the costs, the director shall consider whether total costs are

reasonable in the circumstances of the case. Factors to be considered include the following:

• a. Whether the present owner created the violation(s):

• b. Whether there is a present ability to correct the violation(s):

• c. Whether the owner moved promptly to correct the violation(s):

• d. The degree of cooperation provided by the owner: and

• e. Whether reasonable minds can differ as to whether a violation(s) exists.

4. Appeal. The director's decision shall be appealable directly to the council, in compliance with Chapter 16.78

(Appeals).

• (Ord. 182 § 2 (part), 1997)

A person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure with-out first obtaining a permit required by this development code, shall pay the additional permit processing fees established by the council's fee resolution for the correction of the violation(s), before being granted a permit for a use or structure on the parcel.

(Ord. 182 § 2 (part), 1997)

A. Reinspection Fee. A reinspection fee may be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of the municipal code, adopted building code. or state lafl. The fee amount shall be established by the council's fee resolution. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.

B. Administrative Costs. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the law for less than one hundred eighty (180) days, the violation shall be deemed a continuation of the original case and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee. This fee is intended to compensate for administrative costs for unnecessary inspections, and not for enforcement of the law.

Any reinspection fee(s) imposed shall be separate and apart from any fines or penalties imposed for violation of the law, or costs incurred by the city for the abatement of a public nuisance. (Ord. 182 § 2 (part), 1997)