HomeMy WebLinkAbout3839 (11)Ordinance No. 3880
(Amending or Repealing Ordinances)
CFN=224-Public Nuisances
Passed - 5/6/2008
Update of Code Enforcement Provisions: Chs 1.04, 13.02, and 14.08 KCC,
and KCC 14.09.070
Repeals Ord. 3565 & adopts new Sec. 1.04
Amends Ords. 2867;3053;3130;3178;3415;3690;3691;3746
Amended by Ord. 3956 (Sec. 14.08.020)
ORDINANCE NO. 38900
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 1 of the
Kent City Code to repeal the existing Chapter 1.04,
entitled "Code Enforcement," and adopting a new
Chapter 1.04 in its place, and making revisions to
Chapters 13.02, 14.08, and 14.09 to ensure those
chapters are consistent with the new Chapter 1.04.
RECITALS
A. The ability to effectively and consistently enforce the
regulations of the Kent City Code will directly improve the quality of life for
the residents of Kent's community. The proposed changes to Chapter 1.04
of the Kent City code will simplify the code enforcement process and create
consistent monetary penalties for violators.
B. The Kent City Code currently requires that every Notice of
Violation be reviewed at a hearing in front of the City's Hearing Examiner
before the City can impose penalties. This greatly slows the process of
gaining correction. Under the new procedures set forth in this ordinance, a
violator shall owe a monetary penalty and be required to correct the
violation at the time a Notice of Violation is issued. The city's Hearing
Examiner shall only be involved where the violator requests a hearing to
contest the violation or to mitigate the penalty amount.
1 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
C. Even when a violation is found committed under the current
system, there is no consistency in the amount of the penalty imposed, with
many violators receiving no monetary penalty at all. The new procedures
will create a standard penalty of $500 and a minimum mandatory penalty
of $100 if, at a hearing, mitigation of the penalty is requested and granted.
D. Although the proposed changes streamline the process,
alleged violators will retain all due process rights under state and federal
law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Repealer. The existing Chapter 1.04 of the Kent City
Code, entitled "Code Enforcement," is repealed in its entirety.
SECTION 2. - Adoption. Title 1 of the Kent City Code is amended to
add a new chapter 1.04, entitled "Code Enforcement," as follows:
CHAPTER 1.04
CODE ENFORCEMENT
Sec. 1.04.010. Purpose. The purpose of this chapter is to
establish an efficient system of enforcing city regulations that will enable
violations to be promptly resolved wherever possible, while providing both
appropriate penalties and a full opportunity for alleged violators to have a
hearing to contest the violations. This chapter shall apply to all regulations
as defined in KCC 1.04.020; provided, that a violation of any regulation of
the Kent City Code may be prosecuted as a criminal violation at the city's
discretion, pursuant to KCC 1.01.140.
2 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 1.04.020. Definitions. As used in this chapter, the following
words, terms, and phrases shall have the meanings ascribed to them in this
section, unless a different meaning is plainly required:
A. Abate means to act to stop an activity, and/or to repair, replace,
remove, or otherwise remedy a condition, where such activity or condition
constitutes a violation of a regulation; provided, the actions must resolve
the violation to the satisfaction of the city, or the hearing examiner if the
matter has been mitigated or contested and found committed, and the
actions taken and the manner in which they are performed must not
endanger the general health, safety, and welfare of the community. For
the purposes of this chapter, the verbs "abate" and "correct" shall be
interchangeable and have the same meaning.
IB. Act means doing or performing something.
City means city of Kent, Washington.
D. Code enforcement officer means any person or persons authorized
by statute, ordinance, regulation, written city policy, or interlocal
agreement, or designated by the mayor or his or her designee, to enforce
any of the regulations subject to the enforcement and penalty provisions of
this chapter, and shall expressly include the city's code enforcement
'officers; the city attorney, or his or her designee; the chief of the Kent
Police Department, or his or her designee; the director of the Community
Development Department, or his or her designee; the director of the Public
Works Department, or his or her designee; building inspectors;
construction inspectors; the chief of the Kent Fire Department, or his or her
designee; fire code official, and fire inspectors.
E. Correction notice means a written statement, issued by a code
enforcement officer, notifying a person that property under his or her
3 Update of Code Enforcement
Provisions; Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
:ontrol, is in violation of one or more regulations, and informing such
Jerson that a Notice of Violation may be issued and/or criminal charges
'iled if the violations are not abated.
Day or days, as used in this chapter, shall mean calendar days
finless expressly stated otherwise in a given section or subsection. In
addition, any portion of a twenty-four hour day shall constitute a full
:alendar day.
J. Hearing examiner means the Kent hearing examiner and the office
:hereof established pursuant to Ch. 2.32 KCC.
H. Notice of violation or notice of civil violation means a written
statement, issued by a code enforcement officer, which contains the
information required under Section 1.04.080, and which notifies a person
:hat he or she is responsible for one or more violations of the Kent City
-ode.
1. Omission means a failure to act.
1. Person means any individual, firm, business, association,
3artnership, corporation or other legal entity, public or private, however
organized. Because "person" shall include both human and non -human
entities, any of the following pronouns may be used to describe a person:
-ie, she, or it.
<. Person responsible for the violation means any of the following: a
Jerson who has titled ownership or legal control of the property or
structure that is subject to the regulation; an occupant or other person in
-ontrol of the property or structure that is subject to the regulation; a
Jeveloper, builder, business operator, or owner who is developing, building,
)r operating a business on the property or in a structure that is subject to
4 Update of Code Enforcement
Provisions: Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070
the regulation; or any person who created, caused, or has allowed the
violation to occur.
_. Regulation means and includes any of the following, as now enacted
)r hereafter amended:
1. All Kent City Code provisions making reference to this chapter;
2. All standards, regulations, and procedures adopted by the city
ghat make reference to this chapter; and
3. The terms and conditions of any permit or approval issued by
the city, or any concomitant agreement with the city pursuant to code
provisions that make reference to this chapter.
M. Repeat violation means, as evidenced by the prior issuance of a
correction notice or a notice of violation, that a violation has occurred on
the same property within a two (2) year period, or a person responsible for
a violation has committed a violation elsewhere within the city of Kent
within a two (2) year period. To constitute a repeat violation, the violation
need not be the same violation as the prior violation.
N. Violation or civil violation means an act or omission contrary to a
regulation as defined in subsection (L) of this section. A violation continues
to exist until abated to the satisfaction of the city, with each day or portion
thereof in which the violation continues constituting a separate violation.
Sec. 1.04.030. Violation unlawful—Each day is separate
violation—Misdemeanor. The violation of any regulation shall be
unlawful. Each day, or portion thereof, in which the violation continues
constitutes a separate offense for which separate notices of violation may
be issued. In addition, any violation of this chapter shall constitute a
misdemeanor and the city attorney, or the city attorney's designee, shall,
5 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
lat his or her discretion, have authority to file a violation as either a civil
violation pursuant to this chapter or as a criminal misdemeanor punishable
by imprisonment in fail for a maximum term fixed by the court of not more
than ninety (90) days or by a fine in an amount fixed by the court of not
more than one thousand dollars ($1,000) or by both such imprisonment
and fine. All criminal misdemeanor charges filed under this chapter shall be
filed with the Kent municipal court. When the city files criminal
misdemeanor charges pursuant to this chapter, the city shall have the
burden of proving, beyond a reasonable doubt, that the violation occurred.
Sec. 1.04.040. Joint and several responsibility and liability.
Responsibility for violations of the codes enforced under this chapter is joint
and several, and the city is not prohibited from taking action against a
party where other persons may also be potentially responsible for a
violation, nor is the city required to take action against all persons
potentially responsible for a violation.
Sec. 1.04.050. Interference with code enforcement
unlawful—Misdemeanor. Any person who intentionally obstructs,
impedes, or interferes with any lawful attempt to serve notice of a
violation, stop work or stop use order, or an emergency order, or
intentionally obstructs, impedes, or interferes with lawful attempts to
correct a violation shall be guilty of a misdemeanor punishable by
imprisonment in jail for a maximum term fixed by the court of not more
than ninety (90) days or by a fine in an amount fixed by the court of not
more than one thousand dollars ($1,000), or by both such imprisonment
land fine.
Sec. 1.04.060. Methods of service.
Service by regular first class mail shall be equal to personal service.
y correction notice, notice of violation, notice of hearing, or other code
6 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
lenforcement document shall be deemed legally served upon a party by use
of regular first class mail, as described in subsection (13)(2), below, unless
another method of service is expressly required in a particular subsection of
this chapter; provided, at the discretion of the code enforcement officer,
the code enforcement officer may personally serve documents or cause
documents to be personally served upon a party.
IB. Methods of service defined. For purposes of this chapter, the
methods of service of any documents related to code enforcement, such as
correction notices, notices of violation, stop work orders, etc. (hereinafter
document"), are defined as follows:
1. Personal service. Personal service shall mean handing the
document to the person subject to the document or leaving it at his or her
dwelling house or usual place of abode with some person of suitable age
and discretion then residing therein, or leaving it at his or her office or
place of employment with a person in charge thereof. Personal service
shall also be deemed complete when the hearing examiner or his or her
assistant hands any order, ruling, decision, or other document to a person
prior to, during, or after a hearing.
2. Mailing. Service by mail shall mean sending the document by
regular first class mail to the last known address of the person subject to
the document. The last known address shall be an address provided to the
city by the person to whom the document is directed; if an address has not
been provided to the city, the last known address shall be any of the
following as they appear at the time the document is mailed: the address of
the property where the violation is occurring, as reflected on the most
recent equalized tax assessment roll of the county assessor or the taxpayer
address appearing for the property on the official property tax information
bsite for King County; the address appearing in any database used for
7 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
the payment of utilities for the property at which the violations are
occuring; or the address of the person to whom the documents are being
sent that appears in the Washington State Department of Licensing
database. Where service of the notice of violation is by mail, service shall
be deemed complete upon the third (3rd) day following the day upon which
they are placed in the mail, unless the third (3rd) day falls on a Saturday,
Sunday, or legal holiday, in which event service shall be deemed complete
on the first day other than a Saturday, Sunday, or legal holiday following
the third (3rd) day.
3. Posting. Posting shall mean affixing a copy of the document in
a conspicuous place on the property, with at least one (1) copy of such
document placed at an entryway to the property or structure if an entryway
lexists.
4. Publication. Publication of the document shall mean
publication as set forth in RCW 4.28.100 and RCW 4.28.110, as currently
enacted or hereafter amended.
C. Proof of service—Due diligence. Proof of service shall be made by
written affidavit or declaration under penalty of pegury executed by the
person effecting the service, declaring the time and date of service, the
manner by which service was made, and if service was made solely by
posting or publication, facts showing that due diligence was used in
attempting to locate a mailing address for the person at whom the notice of
violation is directed.
D. Additional proof of service not necessary. The hearing examiner shall
not require additional proof of service beyond the requirements in this
chapter.
8 Update of Code Enforcement
Provisions: Chs. 1. 04,, 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 1.04.070. Voluntary correction—Correction notice.
A. General. Prior to the issuance of a notice of violation, the code
enforcement officer shall attempt to secure the voluntary correction of a
violation by attempting to contact the person responsible for the violation,
explaining the violation, and requesting correction. This may be done
verbally by the code enforcement officer; provided, a written correction
notice shall be served on the person responsible for the violation prior to
issuance of a notice of violation; provided further, a written correction
notice need not be served nor efforts made to secure voluntary correction
where the nature of the violation creates a risk of imminent harm to public
health or safety, or where it is a repeat violation as defined in this chapter.
B. Service of correction notice. Service of a written correction notice
may be accomplished by regular first class mail or by personal service, at
the discretion of the code enforcement officer, or by posting or publishing
the correction notice if an address for the person responsible for the
violation cannot be ascertained pursuant to KCC 1.04.060(B)(2).
C. Contents of written correction notice. The written correction notice
shall be deemed sufficient if it contains the following information:
1. The name and address of a person responsible for the
violation; and
2. The street address or description sufficient for identification of
the building, structure, premises, or land upon or within which the violation
has occurred or is occurring; and
3. A description of the violation and a reference to the code
provisions that have been violated; and
9 Update of Code Enforcement
Provisions: Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070
4. A statement indicating what corrective actions are required
and a correction deadline stating the date and time by which the corrective
actions must be completed to the satisfaction of the code enforcement
officer in order for the violator to avoid the issuance of a notice of violation;
and
5. A statement indicating that, pursuant to KCC 1.04.030, a
notice of violation may be issued for each day a violation continues, with
each violation constituting a separate offense subject to civil and/or
criminal penalties.
D. Time period in which to correct or abate the violation. Whenever a
person responsible for a violation is served with a written correction notice,
he or she shall be given at least ten (10) days from the date of issuance of
the notice to correct the violation(s) to the satisfaction of the code
enforcement officer; provided, where, in the opinion of the code
enforcement officer, a violation creates a risk of imminent harm to public
health or safety, or is a repeat violation as defined in this chapter, the city
can require less than ten (10) days for correction to be completed. In the
event the violation is not corrected within the required time period, the city
may, at its discretion, issue separate notices of violation for each day, or
portion thereof, that the violation has existed or continues to exist.
E. Extension of voluntary correction period or modification of required
actions. An extension of the deadline for voluntary correction, or a
modification of any required corrective action noted in the written
correction notice, may be granted by the code enforcement officer if the
person responsible for the violation has, in the opinion of the code
enforcement officer, shown due diligence or made substantial progress in
correcting the violations but unforeseen circumstances render correction
unattainable within the original deadline.
10 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
F. Revocation of deadline for compliance. The original deadline for
compliance, or any extension for compliance previously granted by the
code enforcement officer, may be revoked and immediate compliance
required where, in the opinion of the code enforcement officer,
circumstamces make immediate correction necessary to avoid an imminent
risk of injury to persons or property.
Use of written voluntary correction agreement.
1. At the sole discretion of the city, a voluntary correction
agreement may be entered into between the person responsible for the
violation and the city. The voluntary correction agreement must be in
ng.
2. Contents of voluntary correction agreement. The voluntary
correction agreement is a contract between the city and the person
responsible for the violation under which that person agrees to abate the
violations within a specified time and according to specified conditions. The
voluntary correction agreement shall include the following:
a. The name and address of the person responsible for the
olation; and
b. The street address or a description sufficient for
entification of the building, structure, premises, or land upon or within
hich the violation has occurred or is occurring; and
C. A description of the violation and a reference to the
lations that have been violated; and
d. An acknowledgement by the person responsible for the
olations that the violations described in the correction agreement exist,
11 Update of Code Enforcement
Provisions: Chs. 1. 04,, 13.02, and
14.08 KCC, and KCC 14.09.070
and that he or she is waiving the right to contest the existence of the
violations or to mitigate the penalties; and
e. The necessary corrective action to be taken, the date or
time by which correction must be completed, and an acknowledgement by
the person responsible for the violation that he or she will correct the
violations within the time specified in the voluntary correction agreement;
and
f. Acknowledgement by the person responsible for the
violation that the city may enter the property and inspect the premises as
may be necessary to determine compliance with the voluntary correction
reement; and
g. Acknowledgement by the person responsible for the
violation that if the terms of the voluntary correction agreement are not
met, the city may enter the property to abate the violation and may also
recover its costs and expenses and/or a monetary penalty pursuant to this
chapter from the person responsible for the violation; and
h. The signature or official mark of the person responsible
r the violation and the signature or official mark of the code enforcement
officer.
3. Failure to comply with voluntary correction agreement.
a. Abatement by the city. In addition to any other remedy
provided for in this chapter, the city may abate the violation in accordance
with KCC 1.04.230 if the terms of the voluntary correction agreement are
not met.
b. Penalties and costs. If the terms of the voluntary
on agreement are not met, the person responsible for the violation
12 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
may be assessed a monetary penalty in accordance with KCC 1.04.200,
plus all costs and expenses of abatement, as set forth in KCC 1.04.230, in
addition to being issued new notices of violation or criminal charges if the
violation has not been abated.
Sec. 1.04.080. Notice of violation.
A. Issuance of notice of violation. When the city determines that a
violation has occurred or is occurring, and does not secure voluntary
correction pursuant to KCC 1.04.070, the code enforcement officer may
issue a notice of violation to any person responsible for the violation.
IB. Contents of notice. The notice of violation shall include the
following:
1. The name and address of a person responsible for the
>n; and
2. The street address or description sufficient for identification of
the building, structure, premises, or land upon or within which the violation
has occurred or is occurring; and
3. A description of the violation and a reference to the provisions
lated; and
4. A statement indicating that the violator must respond to the
of violation within fourteen (14) days of the date of issuance by
Doing one of the following:
a. paying the fine and correcting the violation;
b. requesting a mitigation hearing and correcting the
violation; or
C. requesting a hearing to contest the violation; and
13 Update of Code Enforcement
Provisions: Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070
5. A statement indicating that failure to respond shall result in
the violation(s) being deemed committed without requiring further action
Iby the city, and that the full fine amount indicated on the notice of violation
shall be due and owing to the city by the person or entity to whom the
notice of violation was issued; and
6. A statement indicating that, unless a request to contest the
violation or to mitigate the penalty is properly filed, a monetary penalty of
five hundred dollars ($500) for each violation listed on the notice of
(violation is due and owing at the time the notice of violation is issued, and
must be paid in full within thirty (30) days or may be assigned to a
lection agency; and
7. A statement indicating that if the person or entity to whom a
notice of violation was issued requests a hearing and fails to attend the
hearing, a default judgment shall be entered against the person or entity to
whom the violation was issued, with the full amount of the fine indicated on
the notice of violation immediately due and owing, and that any unpaid
fines and any costs may be assigned to a collection agency after thirty (30)
days have elapsed from the date the notice of violation was issued; and
8. A statement indicating that the city may seek to recover from
person to whom the notice of violation was issued the costs to the city
any abatement action taken; and
9. A statement indicating that separate notices of violation may
e issued for each day, or portion thereof, in which a violation continues;
nd
10. A statement indicating that payment of a monetary penalty
es not relieve the person or entity named in the notice of violation of the
ty to abate the violation, and that failure to abate may result in the
14 Update of Code Enforcement
Provisions: Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070
lissuance of additional notices of violation and/or criminal charges, with
ladditional civil and/or criminal penalties.
C. Service of notice of violation. Service of a notice of violation may be
accomplished by regular first class mail or by personal service, at the
discretion of the code enforcement officer, or by posting or publication if an
address for the person responsible for the violation cannot be ascertained,
pursuant to KCC 1.04.060.
Sec. 1.04.090. Stop work order—Violation a misdemeanor. A
stop work order may be issued pursuant to any of the codes or regulations
adopted pursuant to Title 13 and Title 14 of the Kent City Code. In
addition, the code enforcement officer may issue a stop work order
whenever any work that is subject to regulation under the Kent City Code
is, in the opinion of the code enforcement officer, being performed in a
manner contrary to the provisions of the Kent City Code, or will exacerbate
damage that has already been caused to any property, or will materially
impair the code enforcement officer's ability to seek compliance. The stop
work order shall state the reasons for the order and may be appended to,
or incorporate by reference, a notice of violation. The stop work order shall
take effect immediately upon service. Service of the stop work order shall
be deemed accomplished upon posting of the notice in the manner
described in KCC 1.04.060(6)(3). Violation of a stop work order shall
constitute a misdemeanor, punishable by imprisonment in jail for a
maximum term fixed by the court of not more than ninety (90) days, or by
a fine in an amount fixed by the court of not more than one thousand
dollars ($1,000), or by both such imprisonment and fine.
Sec. 1.04.100. Stop use order—Violation a misdemeanor. In
dition to any remedy provided for in this chapter, the code enforcement
icer may issue a stop use order when allowing the use to continue
15 Update of Code Enforcement
Provisions: Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070
creates an imminent threat of injury to the health, safety, or welfare of any
member of the public, or creates an imminent threat of harm to
neighboring property, or will exacerbate injury already caused to any
property. The stop use order shall state the reasons for the order;
provided, the stop use order may be appended to, or incorporate by
reference, a notice of violation. The stop use order shall take effect
immediately upon service. Service of the stop use order shall be deemed
accomplished upon posting of the notice in the manner described in KCC
1.04.060(6)(3). Violation of a stop use order shall constitute a
misdemeanor, punishable by imprisonment in jail for a maximum term
fixed by the court of not more than ninety (90) days, or by a fine in an
amount fixed by the court of not more than one thousand dollars ($1,000),
or by both such imprisonment and fine.
Sec. 1.04.110. Removal of stop work or stop use order —
Misdemeanor. Where a stop work order or a stop use order has been
posted in conformity with the requirements of this chapter, removal of such
order without the authorization of the city, or the hearing examiner if the
matter has been heard by the hearing examiner, shall constitute a
misdemeanor, punishable by imprisonment in jail for a maximum term
fixed by the court of not more than ninety (90) days, or by a fine in an
amount fixed by the court of not more than one thousand dollars ($1,000),
by both such imprisonment and fine.
Sec. 1.04.120. Response to notice of violation.
A. Generally. A person who has been served with a notice of violation
must respond to the notice within fourteen (14) days of the date the notice
is served. A person may respond to the notice of violation by:
1. Paying the amount of the monetary penalty as set forth in the
notice of violation. Partial payment or payment using a check that is
16 Update of Code Enforcement
Provisions. Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
rejected for insufficient funds shall not be deemed payment under this
subsection. Payment of the fine shall not relieve the person or entity
responsible for the violation from the duty to correct or abate the violation.
Additional notices of violation may be issued if the violation goes
uncorrected.
2. Contesting the notice of violation by requesting a contested
hearing in writing and sending the request to the city as described in
subsection (B) below.
3. Seeking to mitigate the monetary penalty by requesting a
mitigation hearing to explain the circumstances surrounding the violation.
The request to mitigate must be made in writing and sent to the city as
described in subsection (B) below. Requesting to mitigate the penalty shall
not relieve the person responsible for the violation from the duty to correct
or abate the violation. Additional notices of violation may be issued if the
goes uncorrected.
IB. Method of response. The person or entity to whom a notice of
violation has been issued may respond by mailing or hand -delivering the
response to the Building Services Division of the city's Department of
Community Development. Mailed responses must be postmarked no later
than the fourteenth (14th) day from the date of service of the notice of
violation; hand -delivered responses must be brought to the Building
Services Division of the city's Department of Community Development no
later than 4:30 p.m. on the fourteenth (14th) day after service; provided,
where the fourteenth day falls on a weekend or holiday, the deadline shall
be extended to the next regular business day. Telephone, facsimile, or
email responses shall not satisfy the requirements of this section.
17 Update of Code Enforcement
Provisions: Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 1.04.130. Failure to respond. If the person to whom the
notice of violation is issued fails to respond as required in KCC 1.04.120,
the violations shall be deemed committed without requiring further action
by the city or the city's hearing examiner and the person to whom the
notice of violation was issued shall owe the full fine amount indicated in the
notice of violation.
Sec. 1.04.140. Scheduling of hearing to contest or mitigate —
Correction prior to hearing.
Notice and scheduling of hearing. Upon the timely filing of a request
for a hearing to contest a violation or to mitigate the penalty, the matter
shall be scheduled to be heard at the next available appearance by the
hearing examiner that is a minimum of fourteen (14) but no later than sixty
(60) calendar days after the date the request was received by the city.
Notice of the hearing date and time shall be served by regular first class
email to the address of the party who requested the hearing. The date and
time for any hearing may be rescheduled by the hearing examiner for good
use upon the motion of a party or the hearing examiner.
B. Correction of violation prior to hearing. The hearing may be
cancelled and the party requesting the hearing need not appear only if, at
least two (2) business days prior to the scheduled hearing, the code
enforcement officer determines that the violation has been satisfactorily
corrected or abated and the monetary penalty paid in full. Where the
scheduled hearing involves a repeat violation as defined in this chapter, the
hearing shall not be cancelled unless the new violation has been corrected
or abated to the satisfaction of the code enforcement officer and the
monetary penalty and costs for the new violation(s) and any monetary
penalty and costs owing for the previous violation(s) have been paid in full.
18 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 1.04.150. Contested hearing - Procedure. The hearing
examiner shall conduct a hearing to contest a violation pursuant to Ch.
2.32 KCC when such hearing is properly and timely requested. The city
and the person or entity to whom the notice of civil violation was issued
may participate in the hearing and each party, or its legal representatives,
may call witnesses and present evidence and rebuttal, subject to the
following:
A. The city shall have the burden of proving, by a preponderance of the
evidence, that a violation has occurred.
B. The parties are responsible for securing the appearance of any
witnesses they may wish to call; neither the city nor the hearing examiner
shall have the burden of securing any witnesses on behalf of the person
lwho is contesting the violation(s) or seeking to mitigate the penalties.
C. Because formal rules of evidence shall not apply to any such hearing,
the hearing examiner shall allow hearsay testimony by the parties and not
(require proof of chain of custody for evidence that is presented; provided,
the hearing examiner shall determine the weight to be assigned to any
evidence presented.
D. Any notes, reports, summaries, photographs, or other materials
prepared by the parties shall be admitted into evidence if requested;
provided, the parties are free to argue the weight that should be assigned
by the hearing examiner to any evidence submitted.
Sec. 1.04.160. Contested hearing—Decision of the hearing
miner.
Contents of Order. Upon the conclusion of a hearing to contest a
iolation, the hearing examiner may issue a verbal decision pending
19 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
issuance of the written decision; if necessary, the hearing examiner may
delay issuing the written order for up to ten (10) business days following
the hearing. In either event, the verbal decision and written order shall
contain findings and conclusions based on the record that includes the
following information:
1. For each alleged violation of the city code, a statement
ndicating whether the violation has been found committed or not
committed;
2. For violations found committed, the monetary penalties and
costs being assessed pursuant to this chapter;
3. For violations found committed, any required corrective
actions; and
4. For violations found committed, a finding that abatement of
the violations by the city is authorized, at the expense of the person
responsible for the violations.
5. A statement notifying the person responsible for the violation
that he or she is subject to additional civil and/or criminal penalties if any
violation that was the subject of the hearing has not been corrected or
abated.
B. Notice of decision. The hearing examiner may cause a a copy of the
decision and order to be served upon the parties at the close of the
hearing. When the hearing examiner requires more time to prepare a
(written order, or when a party fails to appear after requesting a contested
hearing, the hearing examiner shall cause a copy of the decision and order
to be served on the parties by mailing a copy to each party's last known
address within ten (10) business days of the hearing.
20 Update of Code Enforcement
Provisions: Chs. 1. 04., 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 1.04.170. Mitigation hearing - Procedure. The hearing
examiner shall conduct a hearing to mitigate the penalty on a violation
when such hearing is properly and timely requested; provided, that in the
event a person has requested a hearing to contest a violation and prior to
the start of the hearing indicates to the hearing examiner a desire to
mitigate rather than contest, the examiner shall permit the person to seek
mitigation of the monetary penalty. The mitigation hearing shall be
conducted according to the following general procedures:
The person responsible for the violation shall, as a condition of
roceeding with the mitigation hearing, agree that he or she has committed
ie violations as set forth in the notice of the violation. The city shall be
alieved of any burden of proving that the violations were committed, and
uch agreement by the person responsible for the violations shall be
ufficient basis for the hearing examiner to find the violations committed.
If the person who has requested the mitigation hearing decides at
ie time of the hearing that he or she wishes to contest all or some of the
Ileged violations, the matters wishing to be contested shall, at the request
f the city, be rescheduled.
The person responsible for the violations shall be given the
pportunity to explain or provide evidence regarding the nature of the
solations, why the violations exist, why the violations have not been
bated or corrected, and any other information the hearing examiner
etermines is relevant.
1. The city shall be given the opportunity, at its discretion, to provide
vidence of the nature of the violation, evidence to rebut assertions made
y any party, and any other information or evidence the hearing examiner
eems is relevant.
21 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
E. At the conclusion of the hearing, the hearing examiner shall enter an
order finding the violations committed pursuant to KCC 1.04.180, and shall
assess a monetary penalty in accordance with KCC 1.04.200.
Sec. 1.04.180. Mitigation hearing—Decision of the hearing
examiner.
A. Order to be issued at close of hearing. Upon the conclusion of a
penalty mitigation hearing, the hearing examiner shall issue, at that time, a
written decision and order using a standard form that contains the following
Findings and conclusions based on the record:
1. For each alleged violation of the city code, a statement
indicating that the the violation has been found committed;
2. The monetary penalties and costs being assessed pursuant to
is chapter;
3. Any required corrective action;
4. A statement notifying the person responsible for the violation
at he or she is subject to additional civil and/or criminal penalties if any
iolation that was the subject of the hearing has not been corrected or
bated;
5. A finding that abatement of the violations by the city is
uthorized, at the expense of the person responsible for the violations.
Notice of decision. The hearing examiner shall provide a copy of the
ecision and order to the parties at the close of the mitigation hearing.
/hen the hearing examiner, for good cause shown, requires more time to
repare a written order, or when a party fails to appear after requesting a
22 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
shearing, the hearing examiner shall cause a copy of the decision and order
Ito be served on the parties by mailing a copy to the last known addresses
the parties within ten (10) business days of the hearing.
Sec. 1.04.190. Failure to appear—Default order. If the person
Fho requests a hearing to contest a violation or mitigate the penalty then
fits to appear at the scheduled hearing after having been given notice in
ie manner provided for by this chapter, the hearing examiner shall use a
tandard form to immediately issue a default order, which finds committed
II the violations set forth in the notice of violation, and which assesses a
ne in the full amount indicated in the notice of violation. In addition, at
ie request of the city, the hearing examiner shall also impose upon the
on -appearing party any costs to the city related to preparation for the
earing. The hearing examiner shall cause a copy of the decision to be
erved upon the non -appearing party by mailing a copy to the last known
ddress of the non -appearing party within ten (10) business days of the
earing. Upon the motion of a party, the hearing examiner may rescind a
efault judgment only upon a showing of good cause to do so, and only if
uch motion has been brought within thirty (30) calendar days of the date
f the hearing at which the default judgment was ordered.
Sec. 1.04.200. Monetary penalty.
A. Monetary penalty. Each violation of a city regulation deemed
committed by the hearing examiner is subject to a monetary penalty in an
amount of five hundred dollars ($500) unless a different penalty amount for
given violation is expressly authorized or required by a more specific city
ide provision. Except where the person responsible for the violation has
quested mitigation of the monetary penalty pursuant to KCC 1.04.120,
e hearing examiner shall have no authority to reduce the amount of the
onetary penalty. Where the person has requested to mitigate the
onetary penalty, the examiner may reduce the monetary penalty for each
23 Update of Code Enforcement
Provisions: Chs. 1. 04,, 13.02, and
14.08 KCC, and KCC 14.09.070
violation, but in no case shall the penalty be reduced to an amount less
than one hundred dollars ($100) for each violation found committed.
Payment of monetary penalty. Any monetary penalties assessed
pursuant to this chapter constitute a personal obligation of the person to
whom the notice of civil violation is directed. In addition, the monetary
penalties assessed pursuant to this chapter may be assessed against the
property that is the subject of the enforcement action. Any monetary
penalty assessed must be paid in full to the city within thirty (30) days
from the date of service of an uncontested notice of violation or any order
the hearing examiner that assesses monetary penalties.
Collection of monetary penalty—Use of collection agency. The city is
uthorized to take legal action to collect the monetary penalty. Pursuant to
19.16 RCW, as currently enacted or hereafter amended, the city
may, at its discretion, use a collection agency for the purposes of collecting
penalties and costs assessed pursuant to this chapter. The collection
agency may add fees or interest charges to the original amount assigned to
collections as allowed by law. No debt may be assigned to a collection
agency until at least thirty (30) calendar days have elapsed from the time
that the city attempts to notify the person responsible for the debt of the
existence of the debt and that the debt may be assigned to a collection
ency for collection if the debt is not paid. Notice of potential assignment
collections shall be made by regular first class mail to the last known
dress of the person responsible for the violation; provided, inability to
ascertain a current mailing address shall not prohibit the debt from being
assigned to collections.
D. Continuing duty to abate violations. Payment of a monetary penalty
pursuant to this chapter does not relieve the person responsible for the
violation of the duty to correct or abate the violation. Additional notices of
24 Update of Code Enforcement
Provisions: Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070
lation may be issued and/or criminal charges filed for continuing failure
correct or abate a violation.
Sec. 1.04.210. Appeal. An appeal of the decision of the hearing
xaminer must be filed with the King County superior court within twenty-
ne (21) calendar days of service of the decision, which shall be the
xclusive means to appeal a decision of the Hearing Examiner rendered
rider this chapter.
Sec. 1.04.220. Repeat violation or failure to abate —
isdemeanor. Where a person or entity has been found to have
immittted a violation under this chapter, regardless of whether the
olation was resolved without penalty, the failure to abate the violation, or
e commission of a subsequent violation, or the violation of a written order
of the hearing examiner after having received notice of the order as
provided in this chapter, shall each constitute a repeat violation and shall
each be a misdemeanor subject to the penalties and provisions of KCC
1.04.030. The city attorney, or the city attorney's designee, shall, at his or
her discretion, have authority to file a repeat violation as either a civil
n or as a misdemeanor.
Sec. 1.04.230. Abatement.
Other abatement proceedings not precluded. Nothing in this chapter
hall prohibit the city from pursuing abatement of a violation pursuant to
ny other laws of the state of Washington or the city of Kent.
Costs of abatement. The costs of any abatement action taken by the
shall become a charge to the person responsible for the violation.
hese charges may be assessed against the person responsible for the
solation or the property upon which the violation occurred, or both. The
may use any lawful means to collect these charges.
25 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 1.04.240. Additional enforcement procedures. The
provisions of this chapter are not exclusive, and may be used in addition to
other enforcement and penalty provisions authorized by the Kent City Code
any other law.
Sec. 1.04.250. Conflicting code provisions. In the event a
onflict exists between the enforcement provisions of this chapter and the
nforcement provisions of any international or uniform code, statute, or
2gulation that is adopted in the Kent City Code and subject to the
nforcement provisions of this chapter, the enforcement provisions of this
hapter will prevail, unless the enforcement provisions of this chapter are
reempted or specifically modified by said code, statute, or regulation.
Sec. 1.04.260. Duty not creating liability. No provision or term
in this title is intended to impose any duty upon the city or any of its
rs or employees which would subject them to damages in a civil
on.
SECTION 3. - Amendment - Ch. 13.02 KCC. Chapter 13.02 of the
int City Code, entitled 'Enforcement of the Fire Codes," is amended as
(lows:
CHAPTER 13.02
ENFORCEMENT OF THE FIRE CODES
Sec. 13.02.010. Scope. This chapter shall supplement the
Title 13.
Sec. 13.02.020. Definitions.
26
enforcement -actions ndueted
tie—,of the fire codes adopted in
The definitions contained in KCC
In addition, the following words,
Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates
a different meaning:
Fire code official means the €f -c -chief of the city's fire department, or any
person authorized by the fire chief or other designated authority charged
with the administration and enforcement of the fire codes.
Fire codes means and includes the International Fire Code as now or
hereafter adopted, amended, and/or supplemented pursuant to KCC Title
13, the Revised Code of Washington, and/or the Washington Administrative
Code.
Sec. 13.02.030. Administration and enforcement.
A. It shall be the duty of the fire code official to enforce the fire codes in
the manner generally described in the fire codes and as more particularly
described in this chapter and in KCC 1.04. A" eEnforcement of the fire
codes shall en4—be performed by the fire code official or with his or her
concurrence. The fire code official may call upon the police or other
appropriate city department(s) to assist in enforcement.
B. it is the intent of this ehapter te place tThe obligation of complying
with the requirements of the fire codes shall fall upon any person defined
under KCC 1.04.0200 as a "person responsible for the violation," and
shall expressly include aper--thean owner, occupier, or other person
responsible for the condition of the buildings, structures, dwelling units, or
premises within the seepe of the fiFe eedes.
C. In case of conflict between the provisions of the fire codes and of this
chapter, the provisions of this chapter shall control. In case of any conflict
27 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 13.02.040. Investigation and notice of violation.
A. The fire code official shall investigate any building, structure,
dwelling unit, or premises which the fire code official reasonably believes
does not comply with the standards and requirements of the fire codes.
B. If, after investigation, the
fire
code
official determines
that the
standards or requirements of the
fire
codes
have been violated,
the fire
code official may seek compliance
and
serve
a notice of violation
on thea
e~r, tenant, OF ethef person responsible for the cenditronviolation or may
otherwise enforce the fire codes pursuant to this chapter and KCC
13.02. 1.04.
Sec. 13.02.050. Stop work order and stop use order. The fire
code official may issue a stop work order and/or a stop use order pursuant
to the provisions of Seetien 11 of the International Fire Code or may issue
such order whenever a continuing violation of any of the fire codes will
materially impair the fire code official's ability to secure compliance, or
when a continuing violation threatens the health or safety of the public. A
stop work order or a stop use order may include the placement of a stop
work or a stop use red tag upon the building, structure, dwelling unit, or
premises.
Sec. 13.02.060. Emergency order.
A. Whenever any building, use, dwelling unit, and/or premises, whieh
violates the fire codes; in a manner that, in the opinion of the fire code
official, and thre to creates a risk of imminent harm to the health n
safety- af—the occupants of the building, dwelling unit, premises, or any
member of the public, the fire code official may issue an emergency order
barring use of reqUIFing that, the building, dwelling unit, and/or premises
28 Update of Code Enforcement
Provisions: Chs. 1. 04., 13.02, and
14.08 KCC, and KCC 14.09.070
until the building, dwelling unit, and/or premises has been inspected by the
city and approved as restored to a condition of safety, and speEi#y- the
tinge set for eempliance. in the , the order may require that the
building, dwelling unit, and/or premises be immediately vacated and closed
to entry until the dangerous condition has been corrected to the satisfaction
of the fire code official. The emergency order shall also specify a deadline
for correction of the conditions that caused the emergency order to be
issued.
B. The emergency order shall be posted on the building, dwelling unit,
and/or premises and shall be mailed by regular; first class mail to the last
known address of the owners, and if applicable, to theanv known
occupants.
IC. Any building, dwelling unit, and/or premises subject to an emergency
order which is not repaired within the time specified in the order is hereby
found and declared to be a public nuisance, and the fire code official is
authorized to abate that nuisance by any legal means and with any
assistance that may be available `e the affiela , and all abatement costs
shall become a lien against the property and shall be recovered by the fire
code official in any manner provided by law.
Sec. 13.02.070. Deadline for compliance—Extension of
compliance datedeadline.
A. Where violations of the fire codes occur, deadlines for compliance
29 Update of Code Enforcement
Provisions; Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
B. An extension of ti-methe deadline for compliance may be revoked by
'-he fire code official pursuant to the conditions outlined in KCC 1.04.050.f44
: -- -e tinge the -sion was granted - -then !Pe cpnsidered as the cengpliance
Sec. 13.02.080. Violations.
A. It shall be unlawful to fail to comply with a notice of violation, final
order, stop work order, condemnation tag or any other order or restriction
imposed by the fire code official and issued pursuant to this title or KCC
1.04.
B. It shall be unlawful to remove or deface any sign, notice, complaint,
or order posted by the fire code official in accordance with
his or her enforcement duties • ender thus title.
C. It shall be unlawful for any person to intentionally obstruct, impede,
or interfere with any lawful attempt to serve notice of a violation or
intentionally obstruct, impede, or interfere with lawful attempts to correct a
OFEler, OF eandernnatien tag.
D. It shall be unlawful for any person to fail to comply with an
emergency order issued by the fire code official requiring that the building,
dwelling unit, and/or premises be restored to a condition of safety by a
specified time.
30 Update of Code Enforcement
Provisions: Chs. 1. 04., 13.02, and
14.08 KCC, and KCC 14.09.070
E. It shall be unlawful for any person to use or occupy, or to cause or
permit any person to use or occupy the building, dwelling unit, and/or
premises after the date provided in an emergency order requiring the
building, dwelling unit, and/or premises to be vacated and closed, until the
fire code official certifies that the conditions described in the emergency
order have been corrected and the building, dwelling unit, and/or premises
have been restored to a safe condition.
Sec. 13.02.090. Violation — Penalty.
k Civil. Violation of any provision of this title constitutes a civil
violation under Ch. 1.04 KCC for which a monetary penalty may be
assessed and abatement may be required and/or otherwise enforced as
provided therein.
B. Criminal. In addition or as an alternative to any other enforcement
procedure or penalty in this chapter, a violation of any provision of this
chapter or a code enforced by this chapter shall constitute a misdemeanor
Alursuant to KCC 1
- - - - - - -
•• days,by
n
N
Separate offense. Each day, or portion thereof, that anyye�a
)n continues to exist shall
be considered a separate offense.
31 Update of Code Enforcement
Provisions: Chs. 1.04, 13.01, and
14.08 KCC, and KCC 14.09.070
Sec. 13.02.100. Additional relief. The fire code official may seek
legal or equitable relief to enjoin any acts and practices and abate any
condition which constitutes or will constitute a violation of the fire codes
when civil or criminal penalties are inadequate to effect compliance.
Nothing in this chapter shall be deemed to limit or preclude any other
on or proceeding relating to the enforcement of the fire codes.
SECTION 4. - Amendment - Ch. 14.08 KCC. Chapter 14.08 of the
Kent City Code, entitled "Flood Hazard Regulations," is amended as follows:
CHAPTER 14.08
ENFORCEMENT OF THE BUILDINGS CODES
Sec 14 08 010 Scope This chapter shall supplement the
procedures outlined in KCC 1.04 for enforcement of violations of the Kent
Sec. 14.08.020. Definitions. The definitions contained in KCC
.Tthe following words,
srms, and phrases, when used in this chapter, shall have the meanings
scribed to them in this section, except where the context clearly indicates
different meaning:
1. Building codes means and includes the International Building
the International Residential Code, the International Mechanical
Code, the International Fire Code, the Uniform Plumbing Code, the Uniform
Housing Code, the Uniform Code for Abatement of Dangerous Buildings, the
Washington State Energy Code, and the Washington State Ventilation and
Indoor Air Quality Code; as now or hereafter adopted, amended, and/or
supplemented pursuant to KCC Title 14, the Revised Code of Washington,
and/or the Washington Administrative Code.
32 Update of Code Enforcement
Provisions. Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
2. Building official means the building official of the city armor
any person authorized by the building official's duly authOFIzed
to enforce the building codes.
3. Premises means a plot of ground, whether occupied by a
structure or not.
Sec. 14.08.040. Administration and enforcement.
A. It shall be the duty of the building official to enforce the building
codes in the manner generally described in each of the respective building
codes, and as more particularly described in this chapter and in KCC 1.04.
The building official may call upon the police, fire, or other appropriate city
department to assist in enforcement.
B. it is the intent of this chapteF te place The obligation of complying
with the requirements of the building codes shall fall upon- any person or
m
owner, occupier, or other
(person responsible for the condition of the buildings, structures, dwelling
units, or premises within the scope of the building codes.
C. In case of conflict between the provisions of the building codes and
of this chapter, the provisions of this chapter shall be controlling. In the
case of any conflict between this chapter and KCC 1.04, this chapter shall
control.
Sec. 14.08.060. Investigation and notice of violation.
A. The building official shall investigate any
building, structure, dwelling unit, or premises which the building official
treasonably believes does not comply with the standards and requirements
the building codes.
33 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
B. If, after investigation, the building official determines that the
standards or requirements of the building codes have been violated, the
building official may seek compliance and serve a notice of violation on a
person responsible for the violation or may otherwise enforce the building
codes pursuant to this chapter and KCC 1.04the—ewnert na9`, OF etheF
person responsible fOF the condition and/or etheFwlse enfeFee pursuant
shall be sent to the ewneF of the pFoperty.
Sec. 14.08.080. Reserved.
Sec. 14.08.100. Stop work order and stop use order. The
building official may issue a stop work order and/or a stop use order
pursuant to the provisions of the International Building Code, the
International Residential Code, or any other applicable building code, or
may issue a stop work order and/or a stop use order when a continuing
violation of any of the building codes will materially impair the building
official's ability to secure compliance, or when a continuing violation
threatens the public health, safety, or welfare.
Sec. 14.08.120. Emergency order.
A. Whenever any building, dwelling unit, and/or premises which violates
the building codes in a manner that, in the opinion of the building official,
creates a risk of imminent harm tothFeatens the health and safety ef the
occupants of the building, dwelling unit, premises, or any member of the
public, the building official may issue an emergency order barring use of
the building, dwelling unit, and/or premises until that, the building,
dwelling unit, and/or premises behas been inspected by the city and
approved as -restored to a condition of safety, and specify the time set fe
eemplianee. in the , the order may require that the building,
34 Update of Code Enforcement
Provisions: Chs. 1. 04,, 13.02, and
14.08 KCC, and KCC 14,09.070
dwelling unit, and/or premises be immediately vacated and closed to entry
until the dangerous condition has been corrected to the satisfaction of the
building official. The emergency order shall also specify a deadline for
correction of the conditions that caused the emergency order to be issued.
B. The emergency order shall be posted on the building, dwelling unit,
and/or premises and shall be mailed by regular; first class mail to the last
known address of the owners, and if applicable, to AU _tkreknown
occupants.
C. Any building, dwelling unit, and/or premises subject to an emergency
order which is not repaired within the time specified in the order is hereby
found and declared to be a public nuisance, which the building official is
authorized to abate by such means and with such assistance as may be
available, and any abatementthe costs thereef shall become a lien
against the property and shall be recovered by the building official in
theaU manner provided by law.
Sec. 14.08.140. Reserved.
Sec. 14.08.160. Deadline for compliance—Extension of
mpliance da#eeadline.
- Where violations of the
IB. An extension of the deadline for compliance may be revoked by the
35 Update of Code Enforcement
Provisions. Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070
Sec. 14.08.180. Reserved.
Sec. 14.08.200. Violations.
A. It shall be unlawful to intentionally fail to comply with a notice of
violation, final order, emergency order, or stop work or stop use order
issued pursuant to this chapter or KCC 1.04.
B. It shall be unlawful to remove or deface any sign, notice, complaint
order wed -by or posted by the building official in accordance with his
forcement duties under the applicable eede and this chapter or KCC 1.04.
It shall be unlawful for any person to intentionally obstruct, impede
interfere with any lawful attempt to serve notice of eoFreet a violation or
comply with any notice of violation, final order, emergency order, or stop
work srderor stop use order.
D. It shall be unlawful for any person to fail to comply with an
emergency order issued by the building official requiring that the building,
dwelling unit, and/or premises be restored to a condition of safety by a
specified time.
E. It shall be unlawful for any person to use or occupy, or to cause or
permit any person to use or occupy the building, dwelling unit, and/or
premises after the date provided in an emergency order requiring the
building, dwelling unit, and/or premises to be vacated and closed, until the
36 Update of Code Enforcement
Provisions: Chs. 1. 04,, 13.02, and
14.08 KCC, and KCC 14.09.070
building official certifies that the conditions described in the emergency
order have been corrected and the building, dwelling unit, and/or premises
have been restored to a safe condition.
Sec. 14.08.220. Reserved.
Sec. 14.08.240. Violation — Penalty.
A. Civil. Any violation of any provision of a building code enforced under
this chapter constitutes a civil violation under Ch. 1.04 KCC for which a
monetary penalty may be assessed and abatement may be required and/or
otherwise enforced as provided therein.
B. Criminal. In addition or as an alternative to any other enforcement
procedure or penalty in this chapter, a violation of any provision of this
chapter or a code enforced by this chapter shall constitute a misdemeanor
punishable by imprisonment in jail for a maximum term fixed by the court
of not more than ninety (90) days, or by a fine in an amount fixed by the
court of not more than one thousand dollars ($1,000), or by both such
imprisonment and fine. All misdemeanor charges filed under this
seetientitle shall be filed with the Kent municipal court and shall bear the
signature of the Kent city attorney or his or her designee. When the city
files a criminal offense pursuant to this subsection, it shall have the burden
of proving, beyond a reasonable doubt, that the violation occurred.
C. Each day that anyone shall continue to violate or fail to comply with
any of the foregoing provisions shall be considered a separate offense.
Sec. 14.08.260. Additional relief. The building official may seek
legal or equitable relief to enjoin any acts and practices and abate any
ndition which constitutes or will constitute a violation of the building
des when civil or criminal penalties are inadequate to effect compliance.
37 Update of Code Enforcement
Provisions: Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070
Nothing in this chapter shall be deemed to limit or preclude any other
action or proceeding relating to the enforcement of the building codes.
SECTION 5. - Amendment. Section 14.09.070 of the Kent City
Code, entitled "Penalties for noncompliance," is amended as follows:
Sec. 14.09.070. Penalties for noncompliance. No structure or
land shall hereafter be developed, constructed, located, extended,
converted, or altered without full compliance with the terms of this chapter
and other applicable regulations. Violation of the provisions of this chapter
by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall upon conviction thereof be fined
not more than five hundred dollars ($500) or imprisoned for not more than
one hundred eighty (180) days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. In addition. Nnothing
herein contained shall prevent the city from issuing notices of violation
king suehany other lawful action as is necessary to prevent
remedy any violation.
SECTION 6. - Savings. The existing chapter 1.04 of the Kent City
e, which is repealed and replaced by this ordinance, shall remain in full
e and effect until the effective date of this ordinance.
SECTION 7. - Severability. If any one or more section, subsections,
or sentences of this ordinance are held to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
38 Update of Code Enforcement
Provisions: Chs. 1.04, 13.02, and
14.08 KCC, and KCC 14.09.070
SECTION 8. - Effective Date. This ordinance shall take effect and
The in force thirty (30) days from and after its passage as provided by law.
TTEST:
(BRENDA JACOBER, CITY gLERK
PPROVED AS TO FORM:
O BRUBA ER, CITY ATTORNEY
ASSED: day of May, 2008.
PPROVED: day of May, 2008.
UBLISHED: 1 day of May, 2008.
COOKE, MAYOR
I hereby certify that this is a true copy of Ordinance No. jsFO
by the City Council of the City of Kent, Washington, and approved
the Mayor of the City of Kent as hereon indicated.
(3ALA=&nZ(SEAL)
BRENDA JACOBE ITY CLERK
\Crvd\Ordinance\CodCEuforce KcC J14\CodeEMoo- mpn[Upda[e doc
39
Update of Code Enforcement
Provisions: Chs. 1. 04, 13.02, and
14.08 KCC, and KCC 14.09.070