2012, 08-24 Voluntary Compliance Agreement/CG 5 ,/'
‘ Je
41/-
(� tl
Lie;44
(APR/
11707 E Sprague Ave. • Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org
VOLUNTARY COMPLIANCE AGREEMENT —
SPOKANE VALLEY MUNICIPAL CODE
BACKGROUND:
The Spokane Valley Municipal Code 17.100.100 provides authority to enter into a
voluntary compliance agreement with the City of Spokane Valley to address identified
violations of the Municipal Code.
A voluntary compliance agreement has the following key characteristics:
1. It is a written, signed commitment by a person responsible for a code violation
who agrees to abate the violation or remediate the site or mitigate the impacts of
the violation as specified in the agreement.
2. By entering into a voluntary compliance agreement, the person responsible for
a code violation waives the right to administratively or judicially appeal, and
thereby admits that the conditions described in the voluntary compliance
agreement existed and constitute a civil code violation.
3. A voluntary compliance agreement is not a settlement agreement.
4. A voluntary compliance agreement specifies the shortest reasonable time
period for compliance, as determined by the Director.
5. Extensions of the time limit for compliance, or a modification of the required
corrective action may be granted by the Director if the person responsible for the
code violation has shown due diligence or substantial progress in correcting the
violation, but circumstances render full and timely compliance under the original
conditions unattainable. Any such extension or modification must be in writing
and signed by the Director and person(s) who signed the original voluntary
compliance agreement.
FACTUAL INFORMATION:
NAME: Mark Huber
SITE ADDRESS: 1003 North Long Road
PARCEL NO: 55182.1727
LEGAL DESCRIPTION: TRACT C OF SP91-723
DESCRIPTION OF VIOLATION: A detached garage (360 square feet in size) is
existing on the site. The total of the square footage of this structure and the proposed
storage building (1800 square feet) is over ten percent of the lot size. Administrative
Exception File# ADE -07-12 has been issued to address the excess square footage after
the garage has been removed.
REQUIRED CORRECTIVE ACTION: Remove the existing 360 square feet garage
located on the site.
DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: The existing
garage is to be removed no later than November 1, 2012 for the entire site.
AMOUNT OF CIVIL PENALTY IF AGREEMENT NOT SATISFIED: Five
Hundred Dollars.
AGREEMENT:
Pursuant to SVMC 17.100.110, the following acknowledgments are agreed to:
Initials Dap
- y A. I acknowledge that if the Director determines that the terms
of the voluntary compliance agreement are not met, the City may,
without issuing a notice and order, impose any remedy authorized
by this chapter and perform abatement of the violation by the City,
assess the costs incurred by the City to pursue code compliance,
and to abate the violation, including reasonable legal fees and
costs, and the suspension, revocation or limitation of a
development permit obtained or to be sought by me.
Initials Date
B. I acknowledge that by entering into the voluntary
compliance agreement, I admit that the conditions described in the
voluntary compliance agreement existed and constituted a civil
code violation.
Initials Date
i
C. I acknowledge that I understand that I have the right to be
served with a notice and order for any violation identified in the
voluntary compliance agreement, have the right to administratively
or judicially appeal any such notice and order, and that I am
knowingly, voluntarily and intelligently waiving those rights by
entering into this agreement.
FAILURE TO COMPLY WITH ALL TERMS OF
THIS VOLUNTARY COMPLIANCE
AGREEMENT:
Pursuant to SVMC 17.100.120, if the terms of the voluntary
compliance agreement are not completely met, and an extension of
time has not been granted, the Director may enter the real property
and abate the violation without seeking a judicial abatement order.
The person responsible for code compliance may, without being
issued a notice and order, be assessed a civil penalty as set forth by
this Chapter, plus all costs incurred by the City to pursue code
compliance and to abate the violation, and may be subject to other
remedies authorized by this Chapter. Penalties imposed when a
voluntary compliance agreement is not met accrue from the date
the voluntary compliance agreement was entered into if there was
not preceding notice and order.
PROJECT PLANNER:
7;7/
l
Signed by / /li,CC42_4;e- et: this 4/11 day of a L , 2012.
PERSON RESPONSIBLE FOR THE CODE VIOLATION:
Signed by /744, /LI,ai.._ this v*,-- day offi{1 y& , 2012.