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-