Ordinance 08-025 Amending SVMC: Code Compliance CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 08-025
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING
SECTIONS 17.90.040 AND 17.100.080, 17.100.090, 17.100.150, 17.100.250, 17.100.280, OF THE
SPOKANE VALLEY MUNICIPAL CODE RELATING TO CODE COMPLIANCE.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
Chapter 17.90 and 17.100, regulating nuisance conditions on public and private property; and
WHEREAS, the existing provisions contain some sections that contain verbiage no longer
consistent with City Code and procedures, contain provisions that should be amended to comply with
constitutional requirements,and require revisions to ensure clarity; and
WHEREAS, the following changes are consistent with the City's Comprehensive Plan, and are
necessary to protect the health, safety, and welfare of the general public and the environment.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1.. Spokane Valley Municipal Code section 17.90.020 is hereby amended as set
forth below.
17.90.040 Time for and Contents of an Appeal to the Hearing Examiner
1. Appeal to Hearing Examiner. Any appeal to the Hearing Examiner must be received no later than
fourteen (14) calendar days after written notice of the decision is mailed. Receipt of a complete appeal
submittal shall stay the original decision until a final decision on the appeal has been reached. The
appeal shall include:
a. The case number designated by the City and the name of the applicant;
b. The name and signature of each petitioner or their authorized representative and a statement showing
that each petitioner has standing to file the appeal under this chapter. if multiple parties file a single
petition for review, the petition shall designate one(1)party as the contact representative;
c. The specific decision and specific portions of the decision or determination being appealed, and the
specific reasons why each aspect is in error as a matter of fact or law;
d. Evidence that the specific issues raised on appeal were raised during the period in which the record
was open; and
e. The appeal fee as identified in SVMC 17.110. The fee may be refunded, either wholly or partially,
only if the appellant requests withdrawal of the appeal in writing at least fourteen (14) calendar days
before the scheduled appeal hearing date.
f. A person responsible for a code compliance/enforcement violation who successfully appeals the
City's administrative determination of a violation shall be refunded the appeal fee within 45 days.
Section 2. Spokane Valley Municipal Code section 17.100.080 is hereby amended as set
forth below.
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17.100.080 Obligations of persons responsible for code violation.
A. It shall be the responsibility of any person identified as responsible for a code violation to bring
the property into a safe and reasonable condition to achieve code compliance. Payment of civil
penalties, applications for permits, acknowledgement of stop work orders, and compliance with other
remedies does not substitute for performing the corrective work required and having the property
brought into compliance to the extent reasonably possible under the circumstances.
B. Persons determined to be responsible for a code violation pursuant to a notice and order shall be
liable for the payment of any civil penalties and abatement costs.
Section 3. Spokane Valley Municipal Code section 17.100.090 is hereby amended as set
forth below.
17.100.090 Determination of Compliance
After issuance of a warning, Voluntary Compliance Agreement, notice and order, or stop work order,
and after the person(s) responsible for a violation has come into compliance, the City shall issue a
written determination of compliance. The City shall mail copies of the determination of compliance to
each person originally named in the warning, Voluntary Compliance Agreement, notice and order, or
stop work order, as well as the complainant if the complainant requests such notification at the time the
complaint was submitted to the City, by Certified Mail, five(5)-day return receipt requested.
Section 4. Spokane Valley Municipal Code section 17.100.150 is hereby amended as set
forth below.
17.100.150 Notice and Order—Contents
The notice and order shall contain the following information:
A. The address, when available,or location of the violation;
B. A legal description of the real property or the Spokane County tax parcel number where the violation
occurred or is located,or a description identifying the property by commonly used locators;
C. A statement that the City has found the named person(s) responsible for a violation and a brief
description of the violation(s)found;
D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit
condition, notice and order provision, or stop work order that was or is being violated;
E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties
per separate violation, and that any assessed penalties must be paid within twenty (20) days of service
of the notice and order;
F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against
the person to whom the notice and order is directed;
G. A statement that payment of the civil penalties assessed under this article does not relieve a person
found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any
and all civil penalties or other cost assessments issued pursuant to this article;
H. A statement of the corrective or abatement action required to be taken and that all required permits
to perform the corrective action must be obtained from the proper issuing agency;
I. A statement advising that, if any required work is not commenced or completed within the time
specified by the notice and order, the City may proceed to seek a judicial abatement order from
Spokane County Superior Court to abate the violation;
J. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date,
the City may charge the unpaid amount as a lien against the property where the code violation occurred
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if owned by a person responsible for a violation, and as a joint and several personal obligation of all
persons responsible for a code violation;
K. A statement advising that any person named in the notice and order, or having any record or
equitable title in the property against which the notice and order is recorded may appeal from the notice
and order to the Hearing Examiner within twenty (20) days of the date of service of the notice and
order;
L. A statement advising that a failure to correct the violations cited in the notice and order could lead to
the denial of subsequent Spokane Valley permit applications on the subject property;
M. A statement advising that a failure to appeal the notice and order within the applicable time limits
renders the notice and order a final determination that the conditions described in the notice and order
existed and constituted a violation, and that the named party is liable as a person responsible for a
violation;
N. A statement advising the person responsible for a code violation of his/her duty to notify the City of
any actions taken to achieve compliance with the notice and order; and
O. A statement advising that a willful and knowing violation may be referred to the Office of the City
Attorney for prosecution.
Section 5. Spokane Valley Municipal Code section 17.100.250 is hereby amended as set
forth below.
17.100.250 Civil Penalties—Assessment Schedule
1. Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for
each violation identified in a notice and order or stop work order, pursuant to the following schedule:
Notice and orders and stop work orders: basic initial penalty per violation: $500.00
2. Additional initial penalties may be added where there is:
a. Public health risk—amount depends on severity: $0—2,500.
b. Environmental damage—amount depends on severity: $0—2,500
c. Damage to property of other—amount depends on severity: $0—2,500
d. History of similar violations(less than three(3)): $500
e. History of similar violations(three(3)or more): $2,500
f. Economic benefit to person responsible for violation: $5,000
3. Civil penalties shall be paid within twenty (20) days of service of the notice and order or stop work
order if not appealed. Payment of the civil penalties assessed under this article does not relieve a person
found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any
and all civil penalties or other cost assessments issued pursuant to this article.
4. The City may suspend civil penalties if the person responsible for a code violation has entered into
and fulfilled all requirements of a Voluntary Compliance Agreement.
5. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a
code violation.
6. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the
City may file for record with the Spokane County auditor to claim a lien against the real property for
the civil penalties assessed under this article if the violation was reasonably related to the real property.
Any such lien can be filed under this article if, after the expiration of thirty (30) days from when a
person responsible for a code violation receives the notice and order or stop work order(excluding any
appeal)and any civil penalties remain unpaid in whole or in part.
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Section 6. Spokane Valley Municipal Code section 17.100.280 is hereby amended as set
forth below.
17.100.280 Civil Penalties—Waivers
1. Civil penalties may be waived or reimbursed to the payer by the City under the following
circumstances:
a. The notice and order or stop work order was issued in error;
b. The civil penalties were assessed in error;
c. New, material information warranting waiver has been presented to the City since the notice
and order or stop work order was issued; or
d. As appropriate to resolve litigation.
2. The City shall state in writing the basis for a decision to waive penalties, and such statement shall
become part of the public record unless privileged.
Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 8. Effective Date. This Ordinance shall be in full force and effect five (5) days after
publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided
by law.
PASSED by the City Council this 9th day of Decemb, ,20 :.
)101 I A•V
ayor,Richard Munson
AT - S .
a-
ity Clerk,Christine ain ridge
Approved as to Form:
I . 1;,-1-V
Office of e City Attorney
Date of Publication: /Z—19-d CP
Effective Date: Ag,- 9def)
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