HomeMy WebLinkAbout4085 Ordinance ORDINANCE NO. q
AN ORDINANCE of the City of Pasco, Washington
Amending PMC 11.02.050 "Notice of Civil Violation" and
PMC 11.02.060 "Hearing Before the Code Enforcement
Board" Providing for Mandatory Appearance and Minimum
Penalties for Repeat Violations
WHEREAS, under PMC 11.02.060, a person receiving a Notice of Civil Violation may
avoid the scheduled hearing before the Code Enforcement Board and be in a position of any
penalty if corrective abatement action is completed at least forty-eight (48) hours prior to the
scheduled hearing; and
WHEREAS, this incentive was intended for first time violations, and is subject to abuse
by repeat offenders requiring multiple inspections, temporary corrections, and a waste of City
resources; and
WHEREAS, a correction is necessary to encourage long term abatement and provide for
the more efficient use of City resources; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That Section 1 1.02.050 of the Pasco Municipal Code entitled "Notice of
Civil Violation" shall be and hereby is amended and shall read as follows:
11.02.050 NOTICE OF CIVIL VIOLATION.
(1) Issuance.
(a) When the applicable department director determines that a violation has
occurred or is occurring, and is unable to secure voluntary correction pursuant to Section
11.02.040, the applicable department director may issue a Notice of Civil Violation to the
person responsible for the violation.
(b) The applicable department director may issue a Notice of Civil Violation
without having attempted to secure voluntary correction as provided in Section 11.02.040
under the following circumstances:
(i) When an emergency exists; or
(ii) When a repeat violation occurs; or
(iii) When the violation creates a situation or condition which cannot be
corrected; or
(iv) When the person knows or reasonably should have known that the
action is in violation of the City of Pasco regulation.
Page 1 of 1
(2) Content. The Notice of Civil Violation shall include the following information:
(a) The name and address of the person responsible for the violation; and
(b) The street address or a description sufficient for identification of the
building, structure, premises, or land upon or within which the violation has occurred or
is occurring; and
(c) A description of the violation and a reference to the provisions(s) of the
City of Pasco regulation which has been violated; and
(d) The required corrective action and a date and time by which the correction
must be completed after which the City may abate the unlawful condition in accordance
with Section 11.02.070 and the Code Enforcement Board's Order; and
(e) The date, time and location of an appeal hearing before the Code
Enforcement Board which will be at least 10 days from the date of the Notice of Civil
Violation is issued; and
(f) A statement indicating that the hearing, other than the repeat violation
hearing, will be canceled and no monetary penalty will be assessed if the applicable
department director approves the completed, required corrective action at least 48 hours
prior to the hearing; and
(g) A statement that the costs and expenses of abatement incurred by the City
pursuant to Section 11.02.070(4) and a monetary penalty in an amount per day for each
violation as specified in Section 11.02.050(5) may be assessed against the person whom
the Notice of Civil Violation is directed as specified and ordered by the Code
Enforcement Board.
(3) Service of Notice. The applicable department director shall serve the Notice of
Civil Violation upon the person to whom it is directed, either personally or by mailing, by both
regular mail and certified mail, a copy of the Notice of Violation to such person at their last
known address. If the person to whom it is directed cannot after due diligence be personally
served within Franklin County and if an address for mailed service cannot after due diligence be
ascertained, notice shall be served by posting a copy of the Notice of Civil Violation
conspicuously on the affected property or structure. Proof of service shall be made by a written
declaration under penalty of perjury executed by the person effecting the service, declaring the
time and date of service, the manner by which the service was made, and if by posting the facts
showing that due diligence was used in attempting to serve the person personally or by mail.
(4) Extension. No extension of the time specified in the Notice of Civil Violation for
correction of the violation may be granted, except by order of the Code Enforcement Board.
(5) Monetary Penalty. The maximum monetary penalty for each separate violation
per day or portion thereof shall be as set forth in Chapter 3.07 of this Code.
Page 2 of 2
(6) Continued Duty to Correct. Payment of the monetary penalty does not relieve the
person to whom the Notice of Civil Violation was issued of the duty to correct the violation.
(7) Collection of Monetary Penalty.
(a) The monetary penalty constitutes a personal obligation of the person to
whom the Notice of Violation is directed. Any monetary penalty assessed must be paid
to the City of Pasco within 10 calendar days from the date of mailing of the Code
Enforcement Board's decision or a notice from the City that penalties are due.
(b) The City Manager or his/her designee is authorized to take appropriate
action to collect the monetary penalty. (Ord. 3873, 2008; Ord. 3190 Sec. 1, 1996.)
Section 2. That Section 11.02.060 of the Pasco Municipal Code entitled "Hearing
Before the Code Enforcement Board", shall be and hereby is amended and shall read as follows:
11.02.060 HEARING BEFORE THE CODE ENFORCEMENT BOARD.
(1) Notice. A person to whom a Notice of Civil Violation is issued will be scheduled
to appear at a hearing before the Code Enforcement Board not less than 10 calendar days after
the Notice of Civil Violation is issued.
(2) Prior Correction of Violation. Except in the case of a repeat violation as defined
in PMC 11.02.030(12), the hearing will be canceled and no monetary penalty will be assessed if
the applicable department director approves the completed required corrective action at least 48
hours prior to the scheduled hearing. A hearing for a repeat violation shall not be canceled and a
minimum monetary penalty of $200.00 will be assessed even if corrective action has been
completed at least 48 hours prior to the scheduled hearing.
(3) Procedures. The Code Enforcement Board shall conduct a hearing on the civil
violation pursuant to the rules of procedure of the Code Enforcement Board. The applicable
department director and the person to whom the Notice of Civil Violation was directed may
participate as parties in the hearing and each party may call witnesses. The City shall have the
burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred
and that the required corrective action is reasonable. The determination of the applicable
department director as to the need for the required correction action shall be accorded substantial
weight by the Code Enforcement Board in determining the reasonableness of the required
corrective action.
(4) Decision of the Code Enforcement Board.
(a) The Code Enforcement Board shall determine whether the City has
established by a preponderance of the evidence that a violation has occurred and that the
required corrective action is reasonable and shall affirm, vacate, or modify the City's
decision regarding the alleged violation and/or the required corrective action, with or
without conditions.
Page 3 of 3
(b) The Code Enforcement Board shall issue an Order to the person
responsible for the violation which contains the following information:
(i) The decision regarding the alleged violation including findings of
fact and conclusion based thereon in support of the decision.
(ii) The required corrective action.
(iii) The date and time by which the correction must be completed.
(iv) The monetary penalties assessed based on the criteria in Section
11.02.060(4)(c).
(v) The date and time after which the City may proceed with
abatement of the unlawful condition if the required correction is not corrected.
(c) Assessment of Monetary Penalty. Monetary penalties assessed by the
Code Enforcement Board shall be in accordance with the monetary penalty schedule in
Section 11.02.050(5).
(i) The Code Enforcement Board shall have the following options in
assessing monetary penalties:
1. Assess monetary penalties beginning on the date of the
Notice of Civil Violation was issued and thereafter; or
2. Assessed monetary penalties beginning on the correction
date set by the applicable department director or an alternate correction
date set by the Code Enforcement Board and thereafter; or
3. Assess no monetary penalty; or
4. Assess less that the maximum monetary penalty.
(ii) In determining the monetary penalty assessment, the Code
Enforcement Board shall consider the following factors:
1. Whether the person responded to staff attempts to contact
the person and cooperated with efforts to correct the violation;
2. Whether the person failed to appear at the hearing;
3. Whether the violation was a repeat violation;
4. Whether the person showed due diligence and/or
substantial progress in correcting the violation;
5. Whether a genuine code interpretation issue exists; and
Page 4 of 4
6. Any other relevant factors.
(iii) The Code Enforcement Board may double the daily monetary
penalty schedule if the violation is a repeat violation. In determining the amount
of the monetary penalty for repeat violations, the Code Enforcement Board shall
consider the factors set forth in Section 11.02.060(4)(c)(iii).
(d) Notice of Decision. The Code Enforcement Board shall mail, by both first
class and certified mail, a copy of the decision to the appellant and to the applicable
department director within 10 working days of the hearing.
(5) Failure to appear. If the person to whom the Notice of Civil Violation was issued
fails to appear at the scheduled hearing, the Code Enforcement board will enter an order finding
that the violation occurred and assessing the appropriate monetary penalty. The City will carry
out the Code Enforcement Board's Order and recover all related expenses, plus the cost of the
hearing and any monetary penalty from that person.
(6) Appeal to the Superior Court. An appeal of the Code Enforcement Board's
decision must be filed pursuant to the general appeal period as set forth in Chapter 1.01 of this
Code, or is thereafter barred. (Ord. 3877, 2008; Ord. 3876, 2008; Ord. 3190 Sec. 1, 1996.)
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the vote of the majority plus one of the City Council of the City of Pasco
this,3 day of zrec.044 V, 2012.
Matt Watkins , Mayor
ATTES : APPRO S TO FORM:
I
(1\ (nia
De ra Clark, City Clerk Leland B. Kerr, City Attorney
Page 5 of 5