HomeMy WebLinkAbout4215AN ORDINANCE of the City Council of the
city of Kent, Washington, amending section
7.14.150 of the Kent City Code relating to the
City's illicit discharge code provisions and entitled
"Violations and Enforcement."
RECITALS
A. The city of Kent has codified its regulations concerning
prohibited discharges into the city of Kent's municipal separate storm
sewer system ("MS4") in Chapter 7.14 of the Kent City Code ("KCC").
Included within this chapter is KCC 7.14.150 which provides the remedies
available to the city of Kent should a prohibited discharge occur.
B. Currently, KCC 7.14.150 provides that a violation of the illicit
discharge provisions may be enforced through either criminal or civil code
enforcement proceedings. These two options, however, are not
appropriate in all situations. Civil code enforcement proceedings are often
appropriate when an ongoing code violation exists and the responsible
party has not responded to the City's request to voluntarily remove or
abate the violation. That civil code enforcement process is not a good fit
when the violation is completed, any resulting injury is slight, or when
immediate corrective action must be taken by the City to mitigate potential
damage or injury to the environment or the City's MS4 system. Similarly,
1 Amend KCC 7.14.ICA
—V/o/ations and
Enforcement for I/licit Discharges
criminal charges are most appropriate when the violation is egregious,
when the violator is a repeat offender, or when other avenues have proven
ineffective. Criminal charges are often not appropriate for smaller
violations or those whose impact is not far reaching. Without another
option available, y occasionally finds itself in a position where a
violator is not held accountable for his or her illegal conduct.
C. This ordinance amends KCC 7.14.150 to make a third remedy
available to the city of Kent—a civil infraction. By adding an option for a
civil infraction, a police officer will be able to use his or her discretion to
determine whether criminal charges or a civil infraction is most appropriate
depending upon the particular situation's circumstances. Additionally, this
ordinance expressly provides that a violator must reimburse the City of
Kent for any costs it incurs as a result of the prohibited discharge. Failure
to contest, mitigate, or pay the City's costs within fourteen (14) calendar
days of invoice is also a violation for which an officer may issue a civil
infraction.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Section 7.14.150 of the Kent City
Code, entitled "
Violations and Enforcement," and related to prohibited
discharges into the city of Kent's municipal separate storm sewer system,
is amended as follows:
Sec. 7.14.150. Violations and enforcement—Penalties. Anv
violation of any provision of this chapter may be enforced as provided for
I
n this section. Each separate date, or portion thereof, during which anx
violation occurs shall constitute a separate violation.
2 Amend KCC 7,24.150—Violations and
Enforcement for Illicit Discharges
A. Recovery of costs incurred by the City. In addition to any penalty
provided for in KCC 7.14.150(6) through KCC 7.14.150(D), a person who
violates any of the provisions of this chapter shall be liable for all costs
incurred by the City as a result of the violation. The City will issue an
invoice to the person responsible for the violation advising him or her of
the amount of costs incurred by the City as a result of the violation. The
person to whom the invoice was directed must respond within 14 calendar
days of the date the invoice is served upon that person by: (i) paying the
invoice, ii requesting a hearing before the City's hearing examiner to
mitigate the amount of the invoice, or (iii) requesting a hearing before the
City's hearing examiner to contest the amount of the invoice. Failure to
timely respond shall result in the invoice being deemed valid and the City
may seek collection of the invoice through the process provided for in
Chapter 3.10 of the Kent City Code, including the use of a collection
agency. Payment of any invoice issued shall not alleviate the person
responsible for the violation from complying with this chapter.
1. Service of notice. Service of an invoice issued under KCC
7.14.150(A) shall occur and is deemed complete in the same manner and
under the same provisions as provided for in KCC 1.04.060.
2. Process to mitigate or contest invoice. The process through
which a person may request a hearing to contest or mitigate an invoice
issued to him or her as a person responsible for the violation is the same
as that provided for Notices of Violation under KCC 1.04.120 through KCC
1.04.190. The hearing examiner's decision as to any invoice issued under
KCC 7.14.150(A) is final and may not be further appealed.
3. Failure to pay—Civil infraction. The failure to timely pay an
invoice issued under KCC 7.14.150(A), or any mitigated invoice amount
set by the hearing examiner, is a separate violation that may be enforced
through the issuance of a civil infraction pursuant to KCC 7.14.150LBL
3 Amend KCC 7.I4.i50—Violations and
Enforcement for I/licit Discharges
B. Civil infraction. A person who violates any provision of this chapter
may be issued a class 1 civil infraction' as set forth in RCW 7.80.120, as
currently enacted or hereafter amended. An infraction issued pursuant to
this section shall be filed in the Kent Municipal Court and processed in the
same manner as other infractions filed in the Kent Municipal Court. In
addition, a civil code enforcement action may be instituted in accordance
with KCC 7.14.150(C) to effectuate any abatement or corrective action
required by the person as a result of the violation.
C. Civil code enforcement. In addition to, or as an alternative to any
other penalty provided for in this chapter or by law, a civil code
enforcement action may be instituted under the provisions provided for in
Chapter 1.04 KCC to effectuate any abatement or corrective action
required as a result of a violation of this chapter, including the issuance of
a stop use or stop work order under KCC 1.04.090 - KCC 1.04.110. The
process through which the person responsible for the violation may contest
a stop use or stop work order is the same as that provided for Notices of
Violation under KCC 1.04.120 through KCC 1.04.190. Failure to timely
abate the violation or take the required corrective action will result in the
issuance of a fine in accordance with KCC 1.04.080 and KCC 1.04.200
which fine will be separate and apart from any fine that may have been
issued under KCC 7.14.150(B).
D. Criminal offense. Except as may otherwise be provided, a person
who:
1. Negligently violates a provision of this chapter is Quilty of a
misdemeanor, punishable by up to the maximum penalty established in
RCW 9A.20.021(3) as now enacted or hereafter amended; or who
� Reference note for staff and Council, not to be codified: Class 1 -Base fine $250, total fine $513
($277.44 local, rest to state); Class 2 -Base fine $125, total fine $257 ($133.28 local, rest to state);
Class 3 -Base fine $50, total fine $103 ($46.24 local, rest to state); Class 4 -Base fine $25, total fine
$52 ($34 local, rest to state).
4 Amend KCC 7.14.150— Violations
and
Enforcement for %'licit Discharges
2. Knowingly violates a provision of this chapter, or commits a
repeated violation of this chapter, is guilty of a gross misdemeanor,
punishable by up to the maximum penalty established in RCW
9A.20.021(2), as now enacted or hereafter amended.
a. For purposes of this section "repeated violation" means
as evidenced by either a prior committed finding by the Kent Municipal
Court of an infraction issued under this chapter, or a committed finding bX
the Hearing Examiner of a Notice of Violation issued under Chapter 1.04
KCC, or a committed finding by operation of law under KCC 1.04.130, that
a violation of this chapter has occurred on the same property or that a
person responsible for the violation has committed a violation of this
chapter elsewhere within the city of Kent. To constitute a "repeat
violation," the violation need not be the same violation as the prior
violation.
3. If a person is found guilty of a criminal offense as provided for
in this KCC 7.14.150(D)
, or pleads guilty to another offense on
recommendation of the prosecutor, the court shall order the defendant pay
restitution to the City of Kent, or any other victim of the offense, for the
total suffered loss or damage by reason of the commission of the crime.
SECTION 2. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to III
unconstitutional or invalid, such
5 Amend KCC 7,14.150—Vio/at/ons and
Enforcement for I/licit Discharges
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SECTION 2. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to III
unconstitutional or invalid, such
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SECTION 2. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to III
unconstitutional or invalid, such
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Enforcement for I/licit Discharges
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SECTION 2. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to III
unconstitutional or invalid, such
5 Amend KCC 7,14.150—Vio/at/ons and
Enforcement for I/licit Discharges
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. -Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as prove ed by law.
SU ETTE COOKE, MAYOR
ATTEST:
BERLEY`A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOMI BRUBAKER, CITY ATTORNEY
6 Amend KCC 7.Z4.Z50—Vio/ations and
Enforcement for Illicit Discharges
APPROVED:
PUBLISHED:
day of
day of
ty of
cc ? , 2016.
2016.
2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the city of Kent, Washington, and approved
by the Mayor of the city of Kent as hereon indicated.
P:\Civil\Ordinance\7,14 lllid[ �Ischarge-Penalty Section.doa
KIMBERLEY
KOMOTO, CITY CLERK
7 Amend KCC 7.14,150—Violations and
Enforcement for Illicit Discharges