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Home My WebLink About3124nnnTrraurV.. Mn _ .� )A -7 O AN ORDINANCE of the City Council of the 3 City of Kent, Washington, amending the zoning code, Chapter 15.10 of the Kent City Code, relating to civil violations, enforcement of development and use regulations, providing civil penalties, abatement procedures, and collection of any necessary costs by the City. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES) HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 15.10 of the Kent City Code is amended to read as follows: CHAPTER 15.10 ENFORCEMENT Sec. 15.10.010. 15.71.992. VIOLATIONS. A. It is a violation of this title for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or property within the city without first obtaining the permits or authorizations required for the use byl this title. B. It is a violation of this title for any person to use, construct, locate or demolish any structure, land or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title, provided that the terms or conditions are explicitly stated on the permit or the approved plans. C. It is a violation of this title to remove or deface any sign, notice, complaint or order required by or posted in accordance with this title or title 11.03. D. It is a violation of this title to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization. I � E. It is a violation of this title for an to fail to comply with the requirements of this title. sec. 15.10.020. '�.'�•�= DUTY TO ENFORCE. ! A. It shall be the duty of the director of planning to' enforce this title. The director may call upon the police, fire, f health or other appropriate city departments to assist inl enforcement. B. Upon presentation of proper credentials, the director or duly authorized representative of the director may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the ll consent or warrant to perform the duties imposed by this title. C. This title shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. D. It is the intent of this title to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this title. E. No provision or term used in this title is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. 2 Sec. 15.10.030. 15.1a.096. INVESTIGATION AND NOTICE OF VIOLATION. A. The director or his representative shall investigate; any structure or use which the director reasonably believes does'; not comply with the standards and requirements of this title. B. If, after investigation, the director determines' that the standards or requirements have been violated, the director ((spial)) may seek compliance and serve a notice of violation on, the owner, tenant or other person responsible for the condition and/or otherwise enforce pursuant to this chapter and Section) 15.10.070 below. ((The —nom I r�cri--o-razu-�c-iv�a shall zz�tia�-� p' aetien, any, is neeessarry te eemply with the standar el and shall set a reasen netiee shall state that , subseque It V _ , 'IL _ ..a }ti- + } Pen i registered i mail, er eertified nail withaddressed te the last kne-Av�'-delress ef -ei z gs i that , thea -sere i ee—e f thenetiee epen�- ., s be made b y y L + }H as ss of th-e { 'l `a r --es s i t" an ewn , e s-, -rr—urrr�irvvci�--�z+ 3 a!! residentla! and nenresidential rental: ereler er eynergeney--erder---and the eppl:-, a-b3te requirements and -A..y, e -.he praeedural f , .....a, t�i� legal -gs ,a t a , the reBpensible party. shall be f iled with the department ef reeerds and eleeti&ns in the persen ether than the ewner ef the •)) Sec. 15.10.040. i5.ie.ei STOP WORK ORDER. Whenever a continuing violation of this title will materially impair the director's ability to secure compliance with this title, or when the continuing violation threatens the health or safety of the public, the director may issue a stop work order' specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a stop work order shall constitute a violation of this title. Sec. 15.10.050. 35.'9-912—. EMERGENCY ORDER. A. Whenever any use or activity in violation of this title threatens the health and safety of the occupants of the premises or any member of the public, the director may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and:: safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the', property, if posting is physically possible. A failure to comply', with an emergency order shall constitute a violation of this title. B. Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be' 5 a public nuisance, and the director is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible, or both, in the manner provided by law. WIN I.. afte 3 . a } } ., i. vires • withdraw L. netiee ef vielatieny. .l ' cr T h f'_' 1 a I P --th G. e rree�6i°--��"riuri--z�'3 direeter ef the eemplatien ef the review, and shall l , + eause } he the eider affted- I te be en the mailed by rg if , and ' )) Sec. 15.10.060.3-5.- EXTENSION OF COMPLIANCE DATE. A. The director may grant an extension of time for compliance with any notice or order, whether pending or final, upon the director's finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. B. An extension of time may be revoked by the director) if it is shown that the conditions at the time the extension was granted have changed, if the director determines that a party is not performing corrective actions as agreed, or if the extension` creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. OWN hzzz- 7 fl L. l ice... j _That t'ditien i ell: „with tther__,t G. The as fuil er fl L. l ice... j _That t'ditien -the eent-rel: of the defendant-)) ell: Sec. 15.10.070. 15.10.029. - VIOLATION -PENALTY. A. olation of an provision of this Civil. An vi chapter constitutes a civil violation under Kent Cit Code Cha ter 1.04 for which a monetary penalty may be assessed and abatement may, be required as provided therein. ((A-.)) B. Criminal. In addition or as an alternative to any other penalty provided in this chapter or by law, ((A))any Person violating or failing to comply with any of the provisions of this chapter shall be guiltYof a misdemeanor and upon conviction thereof, shall be punishable in accordance with the provisions of section 1.01.140 relating to criminal penalties for misdemeanors. W - M -Z Sec. 15.10.080.3�.- �� ADDITIONAL RELIEF. The director may seek legal or equitable relief to enjoin any acts or practices and restore or abate any condition which constitutes or will constitute a violation of this title when civil or criminal penalties are inadequate to effect compliance. Section 2. SEVERABILITY. If any one or more sections,' subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. 4 Sec. 15.10.080.3�.- �� ADDITIONAL RELIEF. The director may seek legal or equitable relief to enjoin any acts or practices and restore or abate any condition which constitutes or will constitute a violation of this title when civil or criminal penalties are inadequate to effect compliance. Section 2. SEVERABILITY. If any one or more sections,' subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. 4 Section 3. Effective Date. This ordinance shall take' effect and be in force thirty (30) days after its passage, approval and publication. ATTEST: BRENDA JACOB C TY CLERK APPROVED -A,9-TO FORM: v GER . LU$ VICH, CITY ATTORNEY___ PASSED the /S APPROVED the / PUBLISHED the �— r DAN,KELLEHER, MAYOR day of , 1993. day f L 1993. day of 1993. i i I hereby certify that this is a true and correct copy oft Ordinance No. ,3/a L passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. landuse.ord BRENDA JACO 10 (SEAL) ITY CLERK