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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 The existing Chapter 1.04 of the Kent City Code, entitled "Code Enforcement," is repealed in its entirety.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