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HomeMy WebLinkAbout3190 OrdinanceORDINANCE NO. 3 ic."10 AN ORDINANCE of the City of Pasco, Washington to establish an efficient system to enforce the Pasco Municipal Code relating to the enforcement of land use, zoning and abatement of pubhc nuisances, to provide opportunity for a prompt hearing and decision of alleged civil violations, to establish monetary penalties for these civil mfractions by adding a new Title to the Code, which new title shall be Title 11 Civil Infractions, and amending certam sections to allow for civil infraction penalties rather than the existing crmunal penalties for violation of certain sections of the Pasco Municipal Code WHEREAS, for the purpose of establishing an efficient system to enforce the regulations of the City of Pasco, to provide an opportunity for a prompt hearing on alleged violations of such regulations, to establish monetary penalties, rather than cnmmal penalties, for violations as authorized by RCW 34A 11 020, and to establish a standard procedure to be used by the City to abate unsafe or unlawful conditions NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 There is added to the Pasco Municipal Code a new title, Title 11 Civil Infractions Chapter 11 02 Civil Infraction Violations and Procedures, of the Pasco Municipal Code shall read as follows 11 02 010 Applicability of Chapter The provisions of this chapter shall apply to enforcement of Title 5, excluding Chapters 5 12, Pawnbrokers and Second-Hand Dealers, and 5 46, Pnvate Detective Agencies, Private Detectives, Private Security Guards, and Pnvate Security Companies, Title 6, Health and Sanitation, Title 12, Streets and Sidewalks, Title 16, Buildmg Code, Title 17, Sign Code, Title 18, Fire Prevention, Title 19, Mobile Homes, Title 22, Zoning, and Chapters 9 60, Public Nuisances, 9 61, Noise Regulation, and 9 62, Abandoned Vehicles and Vehicle Hulks 11 02 020 Purpose The purpose of this chapter is to establish an efficient system to enforce the regulations of the City of Pasco, to provide an opportunity for a prompt hearing on alleged violations of such regulations, to establish monetary penalties for violations as authorized by RCW 34A 11 020, and to establish a Ordmance - Page 1 standard procedure to be used by the City to abate unsafe or unlawful conditions 11 02 030 Definitions As used m this chapter, unless a different meaning is plainly required (1) ABATE "Abate" means to repair, replace, remove, destroy or otherwise remedy a conditions which constitutes a civil violation by such means, in such a manner and to such an extent as the applicable department director determines is necessary m the mterest of the general health, safety and welfare of the community (2) ACT "Act" means doing or performing something (3) APPLICABLE DEPARTMENT DIRECTOR "Applicable department director" means the director or the department or any designated alternate empowered by ordinance or by the City Manager to enforce a City of Pasco ordinance or regulation s vA. (4) CIVIL INFRACTION "Civil violation" means a violation for which a monetary penalty may be imposed as specified ingus chapter Each day or portion of a day durmg which a violation occurs ifi a separate violation (5) DEVELOPMENT "Development" means the erection, alteration, enlargement, demolition, mamtenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authonzed by a City of Pasco regulation (6) EMERGENCY "Emergency" means a situation which the applicable department director determines requires immediate action to prevent or elimmate threat to the health or safety of persons or property (7) CODE ENFORCEMENT BOARD "Code Enforcement Board" means the Pasco Code Enforcement Board established pursuant to Pasco Miuucipal Code Chapter 11 04 010 (8) OMISSION "Omission" means a failure to act (9) PERSON "Person" means any individual, firm, association, partnership, corporation or any entity, public or pnvate (10) PERSON RESPONSIBLE FOR THE VIOLATION "Person responsible for the violation" means any person who is required by the applicable regulation to comply therewith, or who commits any act or omission which is a civil violation or cause or permits a civil violation to occur or remam upon property m the City, and mcludes but is not limited to the owner(s), lessor(s), tenant(s), or other person(s) entitled to control, use and/or occupy property where a civil violation occurs (11) REGULATION "Regulation" means and includes the following as now or hereafter amended (a) Pasco City Code Title 16 (Buildmg and Construction), Title 17 (Sign Code), Title 22 (Zoning) Ordmance - Page 2 (b) Pasco City Code Chapter 9 60 (Public Nuisances), Chapter 9 61 (Noise Regulation), Chapter 9 62 (Abandoned Vehicles and Vehicle Hulks), (c ) All standards, regulations and procedures adopted pursuant to the above, and The terms and conditions of any permit or approval issued by the City, or any concomitant agreement, with the City (12) REPEAT VIOLATIONS "Repeat violations" means a violation of the same regulation m any location by the same person for which voluntary compliance previously has been sought within two years or a Notice of Civil Violation has been issued within two years (13) VIOLATION "Violation" means an act or omission contrary to a City of Pasco regulation mcludmg an act or omission at the same or different location by the same person, and mcludmg a condition resultmg to rn such act or omission 11 02 040 Voluntary Correction (1) Applicability This Section applies whenever the applicable department director determmes that a violation of a regulation has occurred or is occurring (2) General The applicable department director shall pursue a reasonable attempt to secure voluntary correction by contactmg the person responsible for the violation where possible, explaimng the violation and requesting correction (3) Issuance of Voluntary Correction Agreement a Voluntary Correction Agreement may be entered mto between the person responsible for the violation and the City, acting through the applicable department director (a) Content The Voluntary Correction Agreement is a contract between the City and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions The voluntary Correction Agreement shall include the followmg (i) The name and address of the person responsible for the violation, and (n) The street address or a descnption sufficient for identification of the buildmg, structure, premises, or land upon which or within which the violation has occurred or is occurring, and (m) a description of the violation and a reference to the provision(s) of the City of Pasco ordinance or regulations which has been violated, and Ordinance - Page 3 (iv) The necessary corrective action to be taken, and a date and time by which the corrective action must be completed, and (v) An agreement by the person responsible for the violation that the City of Pasco may abate the violation and recover its costs and expenses and a monetary penalty pursuant to this Chapter from the person responsible for the violation if all terms of the Voluntary Correction Agreement are not met (vi) An agreement that by entering mto the Voluntary Correction Agreement the person responsible for the violation waives the right to an adinnustrative appeal of the violation and/or the required corrective action (b) Right to a Heanng Waived The person responsible for the violation waives the right to an administrative appeal of the violation and the required corrective action upon entenng mto a Voluntary Correction Agreement (c ) Extension-Modification An extension of the time lmut for correction or a modification of the required corrective action may be granted by the applicable department director if the person responsible for the violation has shown due diligence and/or substantial progress m correcting the violation but unforeseen circumstances render correction under the ongmal conditions unattainable (d) Abatement by the City The City may abate the violation m accordance with Section 11 02 070 below if the terms of the Voluntary Correction Agreement are not met (e) Collection of Costs If the terms of the Voluntary Correction Agreement are not met the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, m accordance with Section 11 02 050(5) plus all costs and expenses of abatement, as set forth m Section 11 02 070(4) 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 Ordinance - Page 4 Violation without having attempted to secure voluntary correction as provided m Section 11 02 040 under the following circumstances (i) When an emergency exists, or (n) When a repeat violation occurs, or (m) 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 m violation of a City of Pasco regulation (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 descnption sufficient for identification of the building, structure, premises, or land upon or witlun which the violation has occurred or is occurring, and (c ) A descnption of the violation and a reference to the provision(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 m accordance with Section 11 02 070 and the Code Enforcement Board's Order, and (e) The date, time and location of an appeal hearmg before the Code Enforcement Board which will be at least 10 days from the date of the Notice of the Civil Violation is issued, and (f) a statement mdicatmg that 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 pnor 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 a 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 Civil 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 FranIchn County and if an address for mailed service cannot after due diligence be ascertained, Ordinance - Page 5 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 wntten 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 m 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 follows (a) First day of each violation - $100 00, (b) Second day of each violation - $200 00, (c ) Third day of each violation - $300 00, (d) Fourth day of each violation - $400 00, (e) Each additional day of each violation beyond four days - $500 00 per day (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 Civil 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 authonzed to take appropnate action to collect the monetary penalty (c ) In addition to the remedies provided above, the monetary penalty shall constitute a lien upon the real property on which the violation has occurred or is occurring This lien shall be foreclosed as provided by law for liens for labor and matenals (RCW 60 04) 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) Pnor Correction of Violation 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 Ordtnance - Page 6 (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 m 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 corrective action shall be accorded substantial weight by the Code Enforcement Board m 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 decisions regarding the alleged violation and/or the required corrective action, with or without written conditions (b) The Code Enforcement Board shall issue an Order to the person responsible for the violation which contains the following mformation (i) The decision regarding the alleged violation mcludmg fmdmgs of fact and conclusions based thereon m support of the decision (n) The required corrective action (m) The date and time by which the correction must be completed (iv) The monetary penalties assessed based on the criteria m 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 completed (c ) Assessment of Monetary Penalty Monetary penalties assessed by the Code Enforcement Board shall be m accordance with the monetary penalty schedule m Section 11 02 050(5) (I) The Code Enforcement Board shall have the following options m assessmg monetary penalties (a) Assess monetary penalties begmnmg on the date the Notice of Civil Violation was issued and thereafter, or (b) Assessed monetary penalties begummg on the correction date set by the applicable department Ordinance - Page 7 director or an alternate correction date set by the Code Enforcement Board and thereafter, or (c ) Assess no monetary penalty (d) Assess less than the maximum monetary penalty (n) In determining the monetary penalty assessment, the Code Enforcement Board shall consider the following factors (a) Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation, (b) Whether the person failed to appear at the hearing, (c ) Whether the violation was a repeat violation, (d) Whether the person showed due diligence and/or substantial progress m correcting the violation, (e) Whether a genume code interpretation issue exists, and (f) Any other relevant factors (m) The Code Enforcement Board may double the 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 m Section 11 02 060(4)(c)(I) (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 hearmg, the Code Enforcement Board will enter an order fmdmg 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 Supenor Court An appeal of the Code Enforcement Board's decision must be filed with the Franklm County Supenor Court witlun twenty calendar days from the date of the Code Enforcement board's decision was mailed to the person to whom the Notice of Civil Violation was directed, or is thereafter barred 11 02 070 Abatement by the City (1) The City may abate the condition which was caused by or contmues to be a civil violation when (a) The terms of Voluntary Correction Agreement pursuant to Ordmance - Page 8 11 02 040 have not been met, or (b) A Notice of Civil Violation has been issued pursuant to Section 11 02 050 and a hearing has been held pursuant to Section 11 02 060 and the required correction has not been completed by the date specified in the Code Enforcement Board's Order, or (c ) The condition is subject to summary abatement as provided for m Section 11 02 070(2) (2) Summary Abatement Whenever any violation of a regulation causes a condition the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition Notice of such abatement, mcludmg the reason for it shall be given to the person responsible for the violation as soon as reasonable possible after the abatement (3) Authonzed Action by the City Using any lawful means, the City may enter upon the subject property and may remove or correct the condition which is subject to abatement The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition (4) Recovery of Costs and Expenses The cost, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the City of Pasco within 10 calendar days The term "incidental expense" shall include, but not be limited to personnel costs, both direct and indirect, mcludmg attorney's fees, costs incurred in documenting the violation, hauling, storage and disposal expenses, and actual expenses and costs of the City in preparing notices, specifications and contracts, and m accomplishing and/or contractmg and inspecting the work, and the costs of any required printmg and mailing (5) Interference No person shall obstruct, impede, or interfere with the City or its agents, or with any person who owns, or holds any interest or estate m any property, in performing any acts necessary to correct the violation St' 11 02 010 Additional Enforcement Procedures The provisions of this Chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Pasco Municipal code except as precluded by law 11 02 40 Conflicts In the event of a conflict between this chapter and any other provision of the Pasco Mumcipal Code or City Ordinances providing for a civil penalty, this chapter shall control The Provisions of the Penal Code, Title 10 and Title 10A, do not apply to this title g o 11 02 OriN Meaning of Terms For the purposes of this code, whenever the terms Ordinance - Page 9 civil infraction and civil penalty are used m any code, ordinance or regulation of the City, those terms shall be deemed to have the same meaning as the terms civil violation and monetary penalty, respectively, as used herem \\ 0 rs 11 02 +00 Severabilitv If any one 'more sections, subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity to the remaining portion of this chapter and the same shall remain m full force and effect Section 2. Section 12 12 150, Trees and Shrubs - Penalty, of the Pasco Municipal Code is amended to read as follows 12 12 150 Penalty Violation of or failure to cvomply with any of the provisions of this chapter shall be subject to a fine m any sum%, to exceed five hundred dollars When violations are of a contmumg nature, each day the violation contmues shall be a separate violation (Ord 1972 Sec 9, 1978 Ord 1532 Sec 14, 1972) Section 3. Section 16 04 310, Building Code - Violations - Penalty, of the Pasco Municipal Code is amended to read as follows 16 04 310 Violations - Penalties It is unlawful for any person, firm, or corporation to violate any of the provisions of this chapter Every person found m violation of any provision of this chapter shall be punished by a fine of not more than five hundred dollars Each firm or corporation found m violation of any provision of this chapter shall be punished by a fine of not more than five hundred dollars For any violation of a contmumg nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense (Ord 1853 Sec 1 (part), 1977 - ) Section 4. Section 16 08 100, Plumbing Code - Violations - Penalties, of the Pasco Municipal Code is amended to read as follows 16 08 100 Violation - Penalties It is unlawful for any person, firm, or corporation to violate any of the provisions of this chapter Every person found m violation of any provision shall be punished by a fme of not more than five hundred dollars Each firm or corporation found m violation of any provision of this chapter shall be punished by a fine of not more than five hundred dollars For any violation of a contmumg nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense (Ord 1854 Sec 1 (part), 1977) Section 5. Section 16 28 170, Moving Buildings - Penalties, of the Pasco Municipal Ordinance - Page 10 CHARLES D KILBURY, MAYOR Code is amended to read as follows 16 28 170 Moving Buildings - Penalties It is unlawful for any person, firm or corporation to violate any of the provisions of this chapter Every person found m violation of any provision shall be punished by fine of not more than five hundred dollars Every such person, firm, or corporation shall be deemed m violation of a separate offense for each and every day or portion thereof during which any violation of any portion of any of the provisions of this chapter is committed, continued, or permitted Violations of this chapter by any licensed person, firm or corporation m the house moving business shall be sufficient ground for revocation of such license at the discretion of the city council (Ord 1810 Sec 17, 1976) Section 6. Section 5 16A 090, Carnivals and Circuses - Penalty, of the Pasco Municipal Code is amended to read as follows 5 16A 090 Penalty It is unlawful for any person to violate any terms of this chapter Every person found in violation of any terms of this chapter shall be punished by fine of not more than three hundred dollars (Ord 2850 Sec 1, 1991) Section 7. This ordinance shall take full force and effect Thirty (30) days after its passage, approval and publication as required by law PASSED by the City Council of the City of Pasco this re day of \\I c&) ,1996 ATTEST CATHERINE SEAMAN, DEPUTY CITY CLERK LELAND B KERR, CITY ATTORNEY Ordinance - Page 11 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PO BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301 „iiii i mli i i11111 11 1111 0 0110„,, November 19, 1996 Tn-City Herald - P 0 Box 2608 Pasco, Wa 99302 'Dear Kathy Please publish the attached Ordinance(s) No 3186 - 3190 and Summary of 'Ordinance No 3191 on the following date November 24, 1996 Please send two (2) Affidavits of Publication for each ,Thank you, Catherine D Seaman, ,Deputy City Clerk 545-3402 cds * No attachments or maps included P 0 Pk BOX 2608 "--_,--__ PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 &WA& ADVE'07110100 INVOICE 6 4 11/2/9 LEGAL NO DATE #2898 ACCOUNT NO 50550 DESCRIPTION #2898 ORDINANCE NO 3190 A TIMES 01 INCHES 81 90 SOLD TO PASCO, CITY OF LEGALS P O. BOX 293 PASCO, WA 99301 Tonm4p 1006 00 NOTOCIE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFYI AMY OF PUOIL,1101=MOM COUNTY OF BENTON SS STATE OF WASHINGTON ECE1VE DEC 02 1996 KIM BEZOLD , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a #2898 ORDINANCE NO 3190 A as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 11/2A/96 , and ending on 11/24/96 , and that said newspaper was regulary distributed to its subscribers during all of this period etyL-tot Lie 44—, SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF --Ift--01r-tpt,-- , I otary public in and for the Stat Wash- ington, residing at RICHLAND, WA COMMISSION EXPIRES 08/16/00 40 LEGALS LEGALS /)ORDINANCE NO 3190 AN ORDINANCE of the , City of Pasco Washington I to esfiblish an -fificient sys tern to enforce the Pasco I Municipal Cock- relating to the enforcement of land I use zoning and abatement of public nuisances to pro , vide opportunity for a ' prompt hearing and deci ' sion of alleged civil viola eons to establish monetary penalties for these civil infractions by adding a new Title to the Code which new title shall be Title 11- Civil Infractions and amending certain sections to allow for civil infraction penalties rather than the existing criminal penalties for violation of certain sec tions of the Pasco Municipal Code WHEREAS for the purpose of establishing an efficient system to enforce the regulations of the City of Pasco to provide an oppor tunity for a prompt hearing on alleged violations of such regulations to estab lish monetary penalties rather than criminal penal- ties , for violations as autho nzed by RCW 34A 11 020 and to establish a standard procedure to be used by the City to abate unsafe or unlawful conditions NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHING- TON DO ORDAIN AS FOLLOWS Section 1 There is added to the Pasco Municipal Code a new title Title 11 Ci Infractions Chapter 11 02 Civil Infraction Violations and Procedures of the Pasco Municipal Code shall read as follows 11 02 010 Applicability of Chapter The Provisions of this chapter shall apply to enforcement of Title 5 excluding Chapters 5 12 Pawnbrokers and Second Hand Dealers and 5 46 Private Detective Agencies Private Detectives Private Security Guards and Private Security Companies Title 6 Health and Sanitation Title 12 Streets and Sidewalks Title 16 Building Code Title 1 7 Sign Code Title 18 Fire Prevention Title 19 Mobile Homes Title 22 Zoning and Cbapters 9 60 Public Nuisances 9 61 Noise Berg.utation _ and 9 62 Abandoned _..Vehicles and -Vehicle -Hulks 11 02 020 Purpose The purpose of this chapter is to establish an efr icient system to enforce the regulations of the City of Pasco to provide an opportunity for a Prompt hearing on alleged viola- tions of such regulations to establish monetary penal- ties for violations as autho- rized by RCW 34A 11 020 and to establish a standard procedure to be used by the City to abate unsafe or unlawfull conditions 11 02 030 Definitions As used in this chapter unless a different meaning is plain- ly required (1) ABATE Abate means to repair replace remove destroy or otherwise remedy a condi- tions which constitutes a civil violation by such means in such a manner and to such an extent as the applicable departnent director determines is nec essary in the interest of the general health safety and welfare of the communi ty (2) ACT Act means doing or Performing some- thing (3) APPLICABLE DEPARTMENT DIREC- TOR Applicable depart- ment director means the director or the department or any designated alternate empowered by ordinance or by the City Manager to enforce a City of Pasco ordinance or regulation (4) CIVIL INFRACTION Civil violation means a violation for which a monetary penal- ty may be imposed as spec- ified in this chapter Each day or portion of a day dur- ing which a violation occurs in a separate violation (5) DEVELOPMENT Development' means the erection alteration enlarge ment demolition mainte nance or use of any struc- ture or the alteration or use of any land above at or below ground or water level and all acts autho nzed by a City of Pasco regulation (6) EMER- GENCY Emergency means a situation which the applicable department director determines requires immediate action to prevent or elninate threat to the health or safety of persons or property (7) CODE ENFORCEMENT BOARD Code Enforcement Board means the Pasco b Code Enforcement Board estab- lished pursuant to Pasco Omission means a failure to act (9)PERSON Person means any individual firm association partnership corporation or any entity public or private (10) PER- SON RESPONSIBLE FOR THE VIOLATION Person responsible for the viola- tion means any person who is required by the applicable regulation to comply therewith or who committs any act or omis- sion which is a civil violation or cause or permits a civil violation to occur or remain upon property in the City and includes but is not lim ited to the owner(s) lessor(s) tenant(s) or other person(s) entitled to control use and/or occupy property where a civil violation occurs (11) REGULATION Regulation means and includes the following asnow or herealter amend ed (a)Pasco City Code Title 16 (Building and Construction) Title 17 (Sign Code) Title 22 (Zoning) (b)Pasco City Code Chapter 9 60 4Public Nuisances) Chapter 9 61 (Noise Regulation) Chapter 9 62 (Abandoned Vehicles and Vehicle Hulks) (c) All standards regulations and procedures adopted pur suant to the above and(e) The terms and conditions of any permit or approval issued by Ihe. City or any concomitant agreement with the City (12) REPEAT VIOLATIONS Repeat vio lations means a violation of the same regulation in any location by the same per son for which voluntary compliance previously has been sought within two years or a Notice of Civil Violation has been issued within two years (13) VIO LATION Violation means an act or omission contrary to a City of Pasco regulation including an act or omission at the same or different location by the same per son and including a condi tion resulting form such act or omission 11 02 040 Voluntary Correction (1) Applicability This Section applies whenever the applicable department director determines that a violation of a regulation has occurred or is occurring (2) General The applicable department director shall pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation where possible explaining the violation and requesting correction (3) Issuance of Voluntary Correction Agreement a Voluntary Correction Agreement may be entered into between the person responsible for the violation and the City acting through the applicable department director (a) Content The Voluntary Correction Agreement is a contract between the City and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to spec- ified conditions The volun tary Correction Agreement shall include the following (i) The name and address of the person responsible for the violation and(ii) The street address or a description sufficient for identification of the building structure premises or land upon which or within which the violation has occurred or is occurring and(lil) a descriptioP of the violation and a reference to the pro- vision(s) of the City of Pasco ordinance or regula tons which has been violat- ed and(iv) The necessary corrective action to be taken and a date ahd time by which the corrective action must be completed and(v) An agreement by the person responsible for the violation that the City of Pasco may abate the viola- tion and recover its costs and expenses and a mone- tary penalty pursuant to this Chapter from the person responsible for the violation if all terms of the Voluntary Correction Agreement are not met (vi) An agreement that by entering into the Voluntary Correction Agreement the person responsible for the violation waives the right to an administrative appeal of the violation and/or the reqinred corrective action (b) Right to a Hearing Waived The person responsible for the violation waives the tight to an administrative appeal of the violation and the required corrective action upon entering into a Voluntary Correction Agreement (c) Extension- Modification An extension of the time limit for correc- tion or a modification of the required corrective action may be granted by me applicable department director if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circum stances render correction under the original condi bons unattainable (d) Abatement by the City The City may abate the violation in accordance with Section 11 02 070 below if the ter ms of the Voluntary Correction Agreement are not met (e) Collection of Costs If the rerms of the Voluntary Correction Agreement are not met the person responsible for the violation shall be assessed a monetary penalty com- mencing on the date set for correction and thereafter in accordance with Section 11 02 050(5) plus all costs and expenses of abate ment as set forth in Section 11 02 070(4) 11 02 050 Notice of Civil Violation (1) Issuance (a) When the applicable department director deter- mines that a violation has occurred or is occurring and is unable to secnre vol- untary correction pursuant to Section 11 02 040 the applicable department director may issue a Notice of Civil Violation to the per son responsible for the vio- lation (b) The applicable department director may issue a Notice of CivilViolation without hay ing attempted to secure vol untary correction as provid- ed in Section 11 02 040 under the following circum stances (i) When an emergency exists or(11) When a repeat violation occurs or(iii) When the Nilo lation creates a situation or condition which cannot be corrected or (iv) When the person knows or reason- ably should have known thaPthe action is in violation of a City of Pasco regula- tion (2) Content The Notice of Civil Violation shall include the following infor- mation (a) The name and address of the person responsible for the violation and(b) The street address or a description safficient 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 pro- vision(s) of the City of Pasco regulation which has been violated and(d) The re.rzfuired ()affective action and a date and time by which the correction must be completed after which the City may abate the unlaw 1u1 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 the Civil Violation is issued and(f)a statement indicating that 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 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 mone- tary penulty m an amount per day for each violation a specified in Section 11 02 050(5) may be assessed against the per- son 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 personal- ly or by mailing by both reg ular mail and certified mail a copy of the Notice of Civil 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 affect- ed property or structure Proof of service shall be made by a written declara- tion under penalty of pelfury executed by the person effecting the service declar- ing the time and date of ser vice the, mannerrby which the service was made and if by posting the facts show mg that due diligence was used in attempting to ,erve the person personally or by mail (4)Extension No extension of the time spec- ified in the Notice of Civil Violation for correction of the violation nay be grant ed 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 fol lows (a)First day of each violation $100 00 (b)Second day of each violation $200 00 (c) Third day of each violation $300 00 (d) Fourth day of each violation - $400 00 (e)Each addition- al day of each violation beyond four days -$500 00 per day (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 consti tutes a personal obligation of the person to whom the Notice of Civil 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 lbe City that penalties are due (b)The City Manager or histher designee is authorized to take appropriate action to collect the monetary penal ty (c)In addition to the reme dies provided above the monetary penalty shall con- stitute a lien upon the real property on which the viola- tion has occurred or occurring This lien shal _ foreclosed as provided 1. law for liens for labor .rid materials (RCW 60 04) 11 02 060Hearing before the Code Enforcement Board (1 )Notice a person to whom a Notice of Civii 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 The hearing will be canceled and no monetary penalty will be assessed if the applicable deparunent director —h-- dollars Every such person firm or corporation shall be deemed in violation of a separate offense for each and every day or por- tion thereof dun ig which any violation of any portion of any of the provisions of this chapter is committed continued or permitted Violations of this chapter by any licensed person firm or corporation in the house moving business shall be sufficient ground for revoca tion of uch license at the discre f of the city council (Ord 10 Sec 17 1976) Sect,; 1 6 Section 5 1e - Carnivals and Penalty of the Ounicipal Code is amended to read as fol- lows 5 16A 090 Penalty It is unlawful for any person to violate any terms of this chapter Every person found in violation of any terms of this chapter shall be punished by fine of not more than three hundred dollars (Ord 2850 Sec 1 1991 ) Section 7 This ordi- nance shall take full force and effect Thirty (30) days after its passage approval and publication as required by law PASSED by the City Council of the City of Pasco this 18th day of Nov 1996 CHARLES D KILBURY MAYOR ATTEST CATHERINE SEAMAN DEPUTY CITY CLERK LELAND. B KEidano 70RNEY Municipal Code Chapter 11 04 010(8) OMISSION _; • , 4 *****If****1 ,1,*** -IND XMT JOURNAL - **4****A.******* DATE NOV-19-1996 4***i, TIME 08 59 *i-ki.1 ,1,*+ DATE/TIME = NOV-19-1996 08 49 JOURNAL No = 04 COMM RESULT = OK PAGE(S)- = 022 DURATION = 00 09'13 FILE No MODE = TRANSMISSION DESTINATION = <01> 9 582 1453 / TCH RECEIVED ID = / 1 509 582 1453 1 RESOLUTION = STD -CITY OF PASCO FINANCE t***1-WOV41'4(1.4.-Mi<4.*1,**-Mt*****T** - - ****T - 1 509 544 3082-