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Agenda 06/11/2003 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue 6:30 p.m.-9:30 p.m. * `'= * June 11, 2003 * I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES ® May 28, 2003 draft VI. COMMISSION REPORTS VII. ADMINISTRATVE REPORT VIII. COMMISSION BUSINESS A. OLD BUSINESS- None B. NEW BUSINESS—Study Session on Proposed Code Amendment—Zoning Code Compliance IX. PUBLIC COMMENT X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Fred Beaulac Greg McCormick,AICP Robert Blum Interim Community Development Director John Carroll Scott Kuhta, AICP David Crosby Long Range Planner William Gothmann, Chair Debi Alley, Administrative Assistant Gail Kogle (509) 921-1000 Ian Robertson, Vice-Chair www.spokanevalley.org Commissioner Report Bill Gothmann June 11, 2003 1. City Plan/County Capital Facilities Plan CD's 2. CD of Spokane City Comp Plan 3. Neighborhood planning Guidebook A. Pass around neighborhood guidebook B. Table of Contents C. Flow chart 4. Conversation with Doug Kelly, County Plan Commission; and Kim Lionnais A. Neighborhood and sub-area are similar B. We will need to plan for specific projects C. Because County plan was general,they overlooked specific neighborhood needs D. The County is working on things remanded from Eastern Region Hearing Board a. County Commissioners changed what was proposed by Commission 5. June 3 Council study session A. Aquatic Center „4� p 1. C.M. Mercier commented a time frame of Comp. Plan 09 yP) -) B. Stage at Mirabeau was approved — rj 01 000 v�.�9 ' C. 6 Year Transportation Improvement Plan was discussed �`j� \ 6. June 10 Council meeting-- Adopted oyear TIP; Couplet was an issue./ 7. Letter from Irene Anrode &replies 8. Sent summary of Plan and CFP to Council 9. Appointment to ad hoc committee on junk cars 10. Ian's work on solid waste in community 11. Upcoming meetings A. 9AM Thursday(tomorrow)joint County Planning with County Commissioners 10 AM County Planning Commission B. Joint meeting with Spokane City PC, Spokane County PC on??? Q Neighborhood Planning g . Spokane ► D Guidebook .Neighborhoods C City of Spokane Planning Services Neighborhood Planning Section PQ Introduction to the Guidebook a > 1 i> AA City of Neighborhoods V The City of Spokane Neighborhood Planning Process takes it direction from the Comprehensive Plan, adopted by ordinance on May 21, 2001. The neighborhood planningprocess is designed to be all-inclusive, maintain the integrity of neighborhoods, implement the ciy's Comprehensive Plan goals and policies, and empower neighborhoods in their decision-making. The Neighborhoods Chapter of the Comprehensive Plan contains neighborhood policies that were shaped during the Spokane Horizons public participation process. Neighborhood planning is conducted in the ciy's Urban Growth Area(UGA)and implements the Comprehensive Plan with more detail and focus.Neighborhood planning shall be conducted within the framework of the Comprehensive Plan, as required by the Washington State Growth Management Act (GMA).Also, the neighborhood planningprocesses within the dty neighborhoods and the neighborhoods within the city's UGA shall be consistent. Neighborhood planning for city neighborhoods will be conducted collaboratively between the Ciy of Spokane Neighborhood Councils, the City of Spokane Planning Services Department, and the City of Spokane Neighborhood Services Department.For those neighborhoods outside of the city but within the ciy's UGA, the City will collaborate with the Spokane County Planning Department and the Neighborhood Alliance of Spokane Count'. Finally, all future neighborhood planning documents directing growth and development will become an official part of the Comprehensive Plan. Neighborhood planning will be conducted utilizing the Neighborhood Planning Guidebook. The guidebook details the recommendations and requirements for completing each phase of the planning process. Each neighborhood has the opportuni y to assume re. onsibiliyfor identifying the needs and goals of the neighborhood, recommending appropriate strategies,providing leadership for the process, coordinating with dty planning staff, and completing the plan document. To the best of their abiliy, the Go of Spokane Planning Services staff will provide technical assistance to those neighborhoods planning under the recommendations of this guidebook. This Neighborhood Planning Guidebook was developed so that your neighborhood can pursue planning activities at your own pace, with the assurance that the guidebook will helpyou identi and understand what the City of Spokane and/or otherjurisdictions will require ofyou asyou proceed through the planning process. Using the guidebook will also help neighborhoods develop plans that are of consistent quali y. The guidebook, with the hep of Ciy of Spokane Neighborhood Planning Ste,willfzrstprepareyour neighborhood to plan, then leadyou through the process of determining what type of plan you will develop to best solveyour neighborhood issues, help you through your neighborhood planningprocess and development of your plan,guide you through the adoption ofyourplan, and give you hints for implementation and monitoring of the projects identified in your plan. The guidebook gives you step-by-step information to aid in these planning efforts. The City of Spokane will periodically revise the guidebook to reflect feedback from staff and users of the book. The Ciy of Spokane Neighborhood Planning Services Staff looksforvard to working with you asyou begin your planning efforts to makeyour neighborhood and community a great place to live, work, shop, and play. A Q Acknowledgements 4 QA City of Neighborhoods 0 The City of Spokane gratefully acknowledges the citizens who contributed to the Neighborhood Planning Guidance Team and Guidebook Work Group. Reference materials.from many jurisdictions were researched for this Neighborhood Planning Guidebook. Thanks to all who responded to requests for information. Planning Services staff especially thanks the cities of Seattle, Washington, and Austin, Texas for the extensive sharing of materials, information and encouragement.Last, input from the departments of the City of Spokane was critical to the development of the Guidebook. Thank you. Neighborhood Planning Guidebook Work Group Members Pam Behring-Rockwood Jay Cousins-Emerson/Garfield Al French-Nevada/Lidgenvood Dallas Hawkins-Rockwood Gail Howard-Latah Valley Eric Johnson-East Central Bev Keating-Marshall Chris Kelly-Logan ( Paul Kropp-Moran Bonnie Mager-Neighborhood Alliance of Spokane County City Staff Leroy Eadie-Program Manager Jeremy Davis-Planner Melissa Wittstruck -Planner Jo Anne Wright-Planner Susan Brudnicki-Director, Office of Neighborhood Services County Staff Theresa Liberty-Planner nA Table of Contents aDCity of Neighborhoods V Introduction to the Neighborhood Planning Guidebook Acknowledgements Section 1: Neighborhood and Center or Corridor Planning Phase I Prepare to Plan Step 1. Neighborhood Planning Process Training 1 Step 2. Letter of Intent 2 Step 3. Neighborhood Pre-Planning Meeting 3 Step 4. Stakeholder Team 5 Step 5. Neighborhood Stakeholder Manager 6 Step 6. Memorandum of Understanding 7 Step 7. Initial Neighborhood Notification 8 Step 8. Planning Track and Phase II or Phase III Determination 9 Step 9. Phase I Checklist 10 Step 10. Checklist Distribution to Neighborhood 12 Phase II Determine Planning Direction Step 1. Neighborhood Planning Kickoff 13 Step 2. Initial Planning Kit Meeting 14 Step 3. Neighborhood Planning Assessment 17 Step 4. Planning Assessment Review 19 Step 5. Supplement Initial Planning Kit 20 Step 6. Phase II Checklist 21 Step 7. Checklist Distribution to Neighborhood 23 Phase III Planning Tracks Track I. Center or Corridor Planning Step 1. Evaluate Stakeholder Team 24 Step 2. Initial Barriers Analysis 25 Step 3. Visioning Workshop,Draft Vision,Final Vision 29 Step 4. Refine Barriers Analysis 30 Step 5. Projects and Actions Identification 31 Step 6. Projects and Actions Prioritization 33 Step 7. Project Specifics 34 Step 8. Analyze and Refine Land Uses and Center or Corridor Boundary 35 Step 9. Neighborhood Comment 39 Step 10. Draft Strategy Plan 40 Step 11. SEPA Checklist 41 Step 12. Neighborhood Comment on Draft Plan 42 Step 13. Phase III,Track I Checklist 43 Step 14. Checklist Distribution to Neighborhood 46 Q Table of Contents a DQA City of Neighborhoods V Phase III Planning Tracks (continued) Track II. Neighborhood Planning Step 1. Finalize Planning Area 47 Step 2. Evaluate Stakeholder Team 48 Step 3. Collecting and Analyzing Information 49 Step 4. Reassess Issues 53 Step 5. Develop Solutions or Solution Alternatives 54 Step 6. Draft Goals,Policies,Objectives,and Activities 56 Step 7. Neighborhood Comment 58 Step 8. Modify and Finalize Goals and Policies 59 Step 9. Prepare Draft Document 60 Step 10. State Environmental Policy Act (SEPA) Checklist 62 Step 11. Neighborhood Comment on Draft Plan 63 Step 12. Phase III,Track 2 Checklist 64 Step 13 Checklist Distribution to Neighborhood 66 Track III. Center or Corridor&Neighborhood Planning Step 1. Finalize Planning Area 67 Step 2. Evaluate Stakeholder Team 68 Step 3. Collecting and Analyzing Information 69 Step 4. Visioning Workshop,Draft Vision,Final Vision 76 Step 5. Refine Barriers Analysis 77 Step 6. Reassess Issues 78 Step 7. Develop Solutions or Solution Alternatives 79 Step 8. Draft Goals,Policies, Objectives,and Activities 81 Step 9. Projects and Actions Identification 83 Step 10. Projects and Actions Prioritization 85 Step 11. Project Specifics 86 Step 12. Analyze and Refine Land Uses&Center or Corridor Boundary 87 Step 13. Neighborhood Comment 91 Step 14. Modify and Finalize Goals,Policies,and Center or Corridor Projects and Boundaries 92 Step 15. Prepare Draft Document 93 Step 16. State Environmental Policy Act (SEPA) Checklist 96 Step 17. Neighborhood Comment on Draft Plan 97 Step 18. Phase III,Track 3 Checklist 98 Step 19. Checklist Distribution to Neighborhood 101 A Q Table of Contents 4 QA City of Neighborhoods V Phase IV Approval and Adoption Step 1. Preparation of Approval and Adoption Package 102 Step 2. Park Board Approval Process 103 Step 3. Notification of Plan Commission Workshop and Hearing 104 Step 4. Plan Commission Workshop(s) 105 Step 5. Plan Commission Public Hearing(s) 106 Step 6. Plan Commission Revisions to Plan 107 Step 7. Notification of City Council Workshop and Hearing 108 Step 8. City Council Process Workshop(s) 109 Step 9. City Council Hearing(s) 110 Step 10. City Council Revisions to Plan 111 Step 11. City Council Plan Adoption 112 Step 12. Phase IV Checklist 113 Step 13. Checklist and Plan Distribution to Neighborhood 116 Phase V Implementation Step 1. Review Your Plan 117 Step 2. Determination of Priority Projects and Scope 118 Step 3. Identify Implementation Partners 119 Step 4. Finalizing Probable Costs for Projects 120 Step 5. Bringing It All Together 121 Step 6. Research Funding Sources 122 Step 7. Getting It Done 123 Step 8. Phase V Checklist 124 Phase VI Monitoring and Evaluation Step 1. Track Project Implementation 126 Step 2. Track Goal and Policy Implementation 127 Step 3. Track Neighborhood Information 128 Step 4. Develop Annual Report on Plan Implementation 129 Step 5. 3-5 Year Evaluation of the Plan 130 Step 6. 3-5 Year Evaluation of the Plan-Stakeholder Team 131 Step 7. 3-5 Year Evaluation of the Plan-Review 132 Step 8. 3-5 Year Evaluation and Potential Revision of the Plan 133 Step 9. 3-5 Year Evaluation of the Plan-Draft Revisions 135 Step 10. 3-5 Year Evaluation of the Plan-Citizen Comment 136 Step 11. 3-5 Year Evaluation of the Plan-Approval and Adoption 137 Step 12. 20-Year Evaluation 138 Step 13. Phase VI Checklist 139 pA Q Table of Contents <0>QA City of Neighborhoods Section 2: Action Plans Step 1. Organizing 140 Step 2. Drafting, Goals,Objectives, Strategies and Actions 141 Step 3. Consultation Meetings 142 Step 4. Preparing a Written Draft Plan 143 Step 5. Section 2 Checklist 146 Step 6. Checklist Distribution to Neighborhood 148 Section 3: Comprehensive Plan Amendment Process 149 Section 4: Operational and Service Delivery Issues 150 Section 5: City and County Joint Planning 151 Appendices: Appendix A: Approval and Adoption Package Sub-Step 1a Letter Submitting Neighborhood Plan to the City 1A Sub-Step lb Goals,Policies and Projects Forms 2A Goals,Policies and Projects Forms—Park Board 4A Goals,Policies and Projects Forms—Plan Commission 5A Goals,Policies and Projects Forms—City Council 6A Sub-Step lc Implementation Summary Comment Form 7A Implementation Summary Comment Form 9A Sub-Step 1d Implementation Project Priority List 10A Implementation Project Priority List Form 11A Sub-Step le Citizen Participation Record 12A Citizen Participation Summary Record Form 13A Sub-Step 1 f Submit Letter,Plan and Approval and Adoption Forms 14A Sub-Step 1g Draft Legislation for City Council Approval and Adoption 15A Sub-Step 1 h Package Checklist 16A Appendix B. Implementation Consultation Forms Appendix C. Neighborhood Planning Library Index Appendix D: State Environmental Policy Act Checklist Neighborhood Planning in Spokane Prepare to Plan 1. Set up stakeholder team 2. Notify planners 3. Planners supply kit 4. Notify neighborhood Determine Planning Track 1. Hold Meeting 2. Assess results 3. Feedback to neighborhood Center/Corridor Neighborhood Both Center/Corridor j and Neighborhood 1. Finalize area C 2. Finalize stakeholder team 3. Develop vision 4. Develop projects 5. Comments from neighborhoods - I— Approval and Adoption 1. Plan Commission 2. Hearings 3. City Council Implementation 1. Set Priorities 2. Funding Monitoring and Evaluation 1. Develop Report on Plan Bill Gothmann 2. 3-5 Year Evaluation of Plan 3. 20 Year Evaluation June 3, 2003 v s.9 ►.e, a arvulaz v 2 2003 East 13304 Wick Avenue CiOf S Spokane Valley,WA. 99216 pokan (509)928-7969 e Valley June 1, 1003 Bill Gothmann Spokane Valley Planning Commission Spokane Valley City Hall Spokane Valley, WA., 99216 Dear Mr. Gothmann; On May 24th the Valley Voice newspaper supplement contained your invitation to comment on various topics to the Spokane Valley planning commission. I would like to add my thoughts as follows: ADULT ENTERTAINMENT- I personally would like to see all such establishments banned within the city limits. However, if this is not possible, they should be confined to one area only, and located as far from schools and other commonly frequented areas as possible. PERMITTED CRITTERS -As a 74 year old, widowed female, living by myself, I would be lost without my German Shepherd. She is my closest companion and helpmate, and gives me a reason to get up in the morning and stay healthy that I might care for her. She.walks with me on leash in the park everyday, and her large size gives me comfort. She is thoroughly trained and good with children and dogs. I have had several German Shepherds, and have even written a book about them. I was appalled to hear a comment from one of our Valley city council members to the effect that older persons in the Spokane Valley should learn to associate with people rather than dogs. Obviously this man has no concept of oldsters living alone or perhaps he just doesn't care, and would like us all to disappear into nursing facilities. Please keep the current regulations as to limits of animals, etc. While the current regulations are just fine, the rules need to be made public and enforced. Recently the county placed a small sign on the fence at Terrace View Park mentioning that all dogs needed to be leashed,plus the fine for non-compliance and a telephone number to report violations. This simple action immediately made a huge difference in the number of loose dogs in the park. It is much nicer to go there now than it was before. (It would also be helpful if"baggies" were provided at the park as a reminder to pick up after the dogs droppings. This is very easily done if the dogs are leashed.) The`families living in my neighborhood will also catch loose dogs and return them to their owners with a comment that everyone in our neighborhood keeps their dogs on their own property. Peer pressure is even more effective than police, but the rules and penalties must be known for this to be effective. EVERGREEN ROAD -Why do we need "development" along Evergreen when all the stores on Sprague are standing empty(or headed that way)? We need a two-way Sprague "Main Street" with the stores situated there, not expanding into our residential areas. HOW TO INVOLVE THE COMMUNITY-Use the media. I think the guest column inviting comment -which you placed in the Valley Voice- is a good start. I, myself, worked on some of the pre-incorporation committees. Perhaps I got the wrong impression,but those committees seemed to have been run by people who wished to resist any changes to the county government. We need more local involvement rather than less. Isn't that why we incorporated? HOUSING•- The character of the valley depends upon keeping the business developments where they belong- on Sprague and on Sullivan. Let the residential areas remain such. Also, do not mix large apartment houses indiscriminately among single dwellings. ROADS & TRANSPORTATION- Our roads are good quality, let's make maintaining them a priority,but let's not be forever switching, redesigning and rerouting roads as has been done in the past. Also, I'm all for bridging the valley, as I remember the disruption in traffic a train at the Argonne Avenue crossing could cause before the overpass was put in. The BUS SERVICE is a sore subject with me. I live near the corner of Saltese and McDonald. It is 0.8 miles from my house to the bus stop at Pines and 16t. It is 0.7 from my house to the bus stop at Evergreen and 16"'. Both Pines and Evergreen busses run with intervals of one hour to one and one-half hour, and there are no seats nor shelter at the stops. It is 1.3 miles (18 blocks) from my house to the nearest bus stop on Sprague. The Sprague section of that line runs every 20 minutes,but stops at the VTS at midpoint in the run forl0 minutes, sometimes more. The additional time it takes me to walk to the stop, then also sit around at the VTS each trip makes the time involved too extensive to consider. As far as I am concerned, the STA service is totally unusable. From the few people riding those big busses, I'd say lots of other Valley citizens agree. I would like to see more direct routes utilized; even if it is necessary to run small vans. We also need to run busses every 30 minutes apart as a minimum, or there will be no riders. LIGHT RAIL TRANSPORT INTO THE CITY OF SPOKANE - There are so many arguments against this boondoggle, I don't know where to start. 1 -Why does STA think we all want to ride into Spokane? Most of the people I know want to go to the Mall,to the YMCA, and to the shops and services that are (or were) located on Sprague. Why pay a huge proportion of the cost of those rails when we need good service north and south? Why spend all that valley money when the city of Spokane primarily benefits? 2 -What happens when we build that"great"new rail system and the population of the valley continues to grow north-south? Those rails will not be in the proper location almost as fast as they can be laid down. Busses are movable and adaptable, rails are not. 3 - Why pay millions to "bridge"the valley, and then slap more rails down? I've lived here since 1963, and have seen the Sprague center island created, then planted, then planted and lighted, then unplanted, then covered with rock, then uncovered for a turn lane, then torn up and removed, then narrowed and entangled with a newly routed I-90 on-ramp. What's to prevent this from happening with the rails down? Who's going to pay for moving the rails? The valley again? WHICH BRINGS UP THE SPRAGUE COUPLET Wondering why business is leaving Sprague? The county and the city of Spokane are obviously trying to make/keep Sprague one-way for their own benefit. They want the people with money to come and spend it in their town. They want the businesses to move west. They want people to travel to Spokane to spend their money. (Hello!!) How many businesses do you see that have set up shop directly on I-90? Who wants a freeway(which is what Sprague is becoming) to bisect the center of our city? Thank about it. This race track of a"main street" is fast becoming more of a speedway than I-90. What other successful town treats its business area in such a fashion? Did I hear that 90 businesses have already left and the buildings stand empty? I know of more businesses that will be added to the list. Stop this nonsense NOW, for Heaven's sake. We need traffic circles and slower travel,not a raceway. PARK SYSTEM -Maintain our parks. Allow dogs, but on leash only. Make it a rule that everyone must clean up after their pets. Have "baggies" available, and have media messages showing how to use them. Kids are many times as destructive as dogs - take a look at the single park in Millwood where no dogs are allowed. I did. There were no dog-poop piles to speak of, but massive amounts of graffiti and other teenage damage amounting to much worse appearance. And, to be honest, in the many times I've been in Millwood, I never saw anyone using that park. FINALLY- THE CENTENNIAL TRAIL This is the gem of Spokane Valley. Please,please keep the developers back off and away from it. In its pristine condition, the trail is the pride and playground of us all. When I did telephoning for the city of Spokane Valley backers, at least 50% of the people saying they were not planning to vote for incorporation gave this reason; they didn't want the developers to ruin the scenery along the trail. In truth, the idea that buildings might encroach on the trail almost made me vote against it, as well. Thank you for giving me the chance to speak my mind. S• rely, Irene Anrode Spokane Valley June 5, 2003 Irene B. Anrode E. 13304 Wick Ave. Spokane Valley, WA 99216 Dear Ms. Anrode: Thank you very much for your letter of June 1. I really appreciate your taking the time to address these issues. I will be giving copies of your letter to the Planning Commission next Wednesday when we meet. I also gave your letter to City Manager Dave Mercier, since some of the subjects you addressed concerned current planning and administrative actions. I wish to address some of your concerns. First, we were permitted by law to delay additional adult licenses for six months, and the Council has done this. During this time, the Commission must come up with rules for where these are permitted. It is my understanding that we are not allowed to prohibit these shops, but we can restrict them to specific area(s) of the city along the lines you suggested. My "critters" comments concerned chickens and horses. Some residents have complained about chickens; some complained about a pet pig; horses have been prohibited by the County in parts of our city where they were previously permitted. I believe the Council will be examining these issues. Also, the Council has passed ordinances requiring licensing of dogs and cats-- it is my understanding that we are adopting the same approach the County has previously adopted. However, they want to aggressively enforce the leash laws. I have neither seen nor heard of any possible ordinances concerning dogs, other than these. Evergreen Road from Sprague north has inconsistent zoning. One side is now zoned for business, and the other side is not. The Commission will have to wrestle with this problem. I am most anxious that we involve the entire community in our decision making using all forms of communication, including our media. We will, collectively, have to develop plans for where we want high density housing and where we want low density housing. I believe that most authorities would prefer high density housing near shopping areas,where residents can walk to their destinations. Furthermore, most would advocate that any development be consistent with its surroundings. However, we will have to address this as we develop our own comprehensive plan. I was very interested in what you had to say about bus service. The Transit system is now in the process of re-evaluating their mission and their service. May I suggest that you make your suggestions to them? Councilmember Dick Denenny has reported to the Council several times that STA is making a real effort to meet the needs of the public as they go through this process. Mr. Denenny has been attending STA meetings and would be a good contact, if you need one. Feel free to call him at City Hall, 921-1000. I believe that all council members keep some hours at City Hall. He can also be emailed at ddenenny@spokanevalley.org. Light rail: To me, the issue is planning for 20 years from now. Will we need it then? (I really don't know). If so, we need to reserve space for it now. Through the Comprehensive Plan process, we should be able to determine what types of transportation needs we will be needing 20 years from now, and make the choices that make sense for us as a community. I certainly agree that Light Rail makes no sense now or in the near future. The Sprague Couplet has the same issues. What will our traffic be 20 years from now? If it will require additional lanes, then it makes sense to reserve these lanes now. I know of towns that have one-way streets in their center (Spokane, Seattle, and Colville are examples) and I know of towns that have two-way streets in their center(Coeur d'Alene, Post Falls, Liberty Lake, and Cheney are examples). This is an issue where we will need to carefully listen to each other to see what the community wants. There are advocates on both sides of the issue. The approach of the Commission will first be to determine whether we want a city center, a city strip, or some other construct 20 years from now-- and where it should be. Based upon this determination, the Couplet will have to be designed support whatever structure we decide upon. Again, citizen input will be extremely important in making these decisions. I like your ideas on the parks. These are issues for our present administration to consider. The kinds of development we have along the Centennial Trail are up to us, as citizens. Through the Comprehensive Plan, we can and should protect the trail. Also, our state Shoreline Management Act governs development within 200 feet of the River. It notes that environmental protection is required and that shorelines are a public trust permitting only shoreline preferred uses. Again, I thank you very much for the time and effort you have given. Get your friends and neighbors involved. Keep in touch as we build this great city together!! Sincerely, Bill Gothmann Chair, Planning Commission PS: The Planning Commission is a non-paid, citizen committee appointed by the Council to advise the Council on planning issues. Summary Spokane County Comprehensive Plan Bill Gothmann June 5, 2003 Purpose The purpose of this document is to summarize the Spokane County Comprehensive Plan. General The purpose of the Comprehensive Plan is to determine (a) what we have now and (b) what we will need 20 years in the future as we grow. The Plan is divided into two major documents: the Comprehensive Plan itself(CP) and the Capital Facilities Plan(CFP). Comprehensive Plan The Comprehensive Plan contains twelve chapters as follows: Urban Land Use, Rural Land Use,Natural Resource Lands, Transportation, Housing, Capital Facilities and Utilities, Economic Development, Parks and Open Space,Natural Environment, Cultural Resources, and Subarea Planning. Each chapter contains a description of the topic and details goals and policies adopted by officials for Spokane County. For example, under the chapter titled, "Urban Land Use", one of the goals is to: Encourage the development of mixed use neighborhood and community centers that maintain or improve neighborhood character and livability. One of the five policies under that goal is: Develop and maintain design standards and a design review process to ensure that neighborhood and community centers are developed with a minimal impact on surrounding land uses, are consistent with community character and assure pedestrian and vehicular access. Almost every chapter contains one or more maps describing the topic. These maps describe "what is" under the plan. The eleven maps within the Comprehensive Plan are: Urban Comprehensive Plan Land Use Map Rural Comprehensive Plan Land Use Map Natural Resource Lands Arterial Road Plan Pedestrian Bicycle Plan Open Space Corridors Wetlands Contamination Susceptibility of Aquifers Fish and Wildlife Critical Areas Flood Hazard Geologic Hazards and Constraints Capital Facilities Plan The Capital Facilities Plan is a separate, 181 page document describing the following public facilities: Domestic Water, Fire Protection, Law Enforcement, Parks and Recreation, Public Buildings, Public Libraries, Public Schools, Sanitary Sewers, Solid Waste, Stormwater, and Transportation. Each chapter contains an extensive inventory of what we now have available in each of the eleven areas. Then, a Level of Service is stated (for example,the Level of Service for Community Parks is 1.4 acres per 1000 population). This level of service was set by the Steering Committee of Elected Officials within Spokane County. Based upon the estimate of what the population will be in the future, and the level of service, an estimate is made of what facilities will be required in the future. By analyzing what we have now, and what will be required in the future, we can determine what capital facilities will need to be developed to accommodate growth. In general,the CFP lists what projects are scheduled for the future. However, it does not list what specific projects should be scheduled to accommodate growth. For example, do we need light rail to accommodate growth? Do we need an additional high school in a particular area to accommodate growth? Chapter Summaries Spokane County Comprehensive Plan Chapter 1 - Introduction This chapter discusses the purpose of the document, the Growth Management Act and its goals, and County wide planning policies. Chapter 2 - Urban Land Use This chapter describes land use categories (Residential, mixed-use, commercial, industrial, urban centers, and urban activity centers). It then describes urban design goals and policies for each of these categories. Chapter 3 - Rural Land Use This chapter describes standards for such land uses as Rural Traditional, Rural Residential, Rural Conservation, Urban Reserve, Rural Activity Centers, and Master Planned Resorts. It lists goals and policies for each of these categories. It also discusses New Fully Contained Communities, Rural Activity Centers, Rural Governmental Services, protection of rural resource-based uses, and lists industrial and commercial development standards. [Note: The City of Spokane Valley has no rural lands within its borders.] Chapter 4 -Natural Resource Lands Natural Resource Lands are defined as those lands such as agriculture, forests, and mineral lands that have long-term, commercial significance. [Note: In the City of Spokane Valley, only a few mineral pits fall within this category]. The Chapter first discusses categories (large-tract agriculture, small tract agriculture, mineral lands, and forest lands). It then discuss criteria for designation, governmental services, land uses permitted, and conservation. Chapter 5 - Transportation This chapter first discusses types of roads (urban local access, rural local access, urban arterial streets, and rural arterial roads). It then discusses intergovernmental coordination, consistency and concurrency. [Concurrency is the principle of providing roads and other services prior to or at the time of development]. Public transportation, bicycle, pedestrian, rail, and air are discussed. Design standards, goals, and policies are then listed for both urban and rural roads. Transportation financing, the environment, and Demand Management Strategies are discussed. [Demand strategies are ways of reducing traffic congestion by reducing single occupant vehicles on the road]. Chapter 6 - Housing This is a very short chapter detailing goals and policies for regional cooperation, housing regulations, affordable housing, low-income housing, special needs housing, and fairness in housing. Chapter 7 - Capital Facilities and Utilities [The details for Capital Facilities Planning are listed in the Capital Facilities Plan, a separate volume.) This chapter first discusses the concepts of concurrency and levels of service. It then discusses goals and policies for utilities, domestic water systems, sanitary sewer systems, stormwater, schools, libraries,police protection, fire protection, and solid waste disposal. Development impact fees are also discussed. Chapter 8 - Economic Development This chapter discusses economic topics such as: regional cooperation, tools and strategies, environment, regulation, standards of living, having a qualified labor force, tourism, infill and redevelopment, and infrastructure and land supply. Chapter 9 - Parks and Open Space Open space is defined as an area set aside for public or private use and enjoyment. It includes such spaces as wildlife corridors, forestry zones, wetlands, riparian areas and their buffers, trail systems, and conservation areas. This chapter gives a short history on County parks, and prescribes general goals and policies for provision, acquisition, level of service, park maintenance, and open spaces. Chapter 10 -Natural Environment The following rather diverse areas come under this category: wetlands, aquifer recharge areas, fish and wildlife conservation areas, frequently flooded areas, and geologically hazardous areas, tree conservation, shorelines, surface water quality, and air quality. Goals and policies for each are discussed. Chapter 11 - Cultural Resources This chapter sets goals and policies for identification, protection, stewardship, incentives, and promotion of cultural resources. Chapter 12 - Subarea Planning The growth management act provides that subareas may be defined, and a plan developed for that subarea. This chapter sets general goals and policies for subarea planning. ■ SPOKANE COUNTY PLANNING COMMISSION 1 , l AGENDA June 12, 2003 9:00 A.M. PUBLIC WORKS BUILDING SPOKAE COUNTY 1026 West Broadway Avenue PLANNING COMMISSION MEMBERS: Bev Keating Lewis Rumpler,Chair Doug Kelley Tom Hargreaves Lindell Haggin,Vice Chair William Moore ----Agenda Topics --- Conference Room 2-B, (Second Floor) 9:00-10:00 a.m. 1. Joint Meeting: Board of County Commissioners/Planning Commission Commissioners' Hearing Room, Lower Level 10:00 a.m. 2. Announcements—Planning Commission Chair 3. Review and action on minutes of May 15,2003 4. Finding and Recommendation,Transition Provisions for the Phase 1 Regulations 5. Performance measurements for the Comprehensive Plan 6. Update of Phase 2 Development Regulations/Draft Zoning Code 7. Staff Reports 8. Planning Commission Issues 9. Set agenda for next meeting 10. Public Comment Nonhearing items scheduled and their order are only tentative and are subject to change. The Planning Commission may not address all items as listed and/or may continue certain items to a later session. The Commission reserves the right to take"action" on all items listed on the agenda. The terminology action means to deliberate,discuss,review,consider,evaluate and make a collective positive or negative recommendation and/or decision. The Planning Commission provides up to 15 minutes for public comment at some meetings. The period normally begins at approximately 11:45 a.m., or at the end of the meeting,whichever occurs first. The Planning Commission will break for lunch from approximately 12:00 to 1:00. For more particular information, visit our website at www.spokanecounty.org/planning or contact the Spokane County Division of-Planning at(509)477-2294. All meetings and hearings are conducted in facilities accessible to disabled individuals. City of Spokane Valley Planning Commission Study Session June 11 , 2003 CHAPTER 14.406 — ENFORCEMENT 14.406.000 Intent 14.406.020 Enforcement Authority and Administration ► Identifies "Planning Director" as Responsible Official 14.406.040 Violation, A Misdemeanor/Civil Violation ► Defines when a violation has occurred & fines, etc. ► Violation may be deemed as a civil violation. 14.406.060 Process of Violation ► Describes process to confirm violation. 14.406.070 Notice of Investigation — Determination of a Civil Violation ► Procedure of notification once violation confirmed. 14.406.080 Civil Notice of Violation Procedures ► Procedures for non compliance to Notice of Investigation 14.406.100 Voluntary Compliance Agreement ► Provides for agreement to voluntarily complyn 6), 14.406.120 Collection of Civil Violation Monetary Penalty 1I V. ► Process for collecting fines for non compliance '" 14.406.140 Monetary Penalties ► Specifies penalties based on violation type 14.406.150 Appeals 14.406.160 Judicial Enforcement City of Spokane Valley 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 (509) 921-1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL The following is the title and summary of Ordinance 68 passed by the City of Spokane Valley City Council on the th day of June,2003. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING CHAPTER 14.406 OF THE CITY OF SPOKANE VALLEY ZONING CODE RELATING TO CODE COMPLIANCE. The introductory paragraphs relate to the process of abating junk vehicles from private property. 14.406.005 states the name and purpose of the ordinance. 14.406.010 states the policy of the ordinance. 14.406.015 provides definitions used in the chapter. 14.406.020 states that it is adopted pursuant to GMA. 14.406.025 states that zoning code violations are a public nuisance and/or a misdemeanor offense. 14.406.030 provides authority to appropriately address violations, including options for action. 14.406.035 provides guidelines for responding to complaints. 14.406.050 states the process for City's initial investigation. 14.406.060 states the procedure when a probable violation has been identified. 14.406.070 states the procedural requirements for service of process. 14.406.080 requires City to adopt rules and train employees to implement. 14.406.090 states the obligations of persons responsible for code violations. 14.406.095 states the process for determination of compliance once violation is abated. 14.406.100 authorizes and sets forth requirements for voluntary compliance with abatement following complaint. 14.406.110 states consequences of failing to comply with voluntary compliance agreement. 14.406.200 provides authority to City to issue citations for code violations. 14.406.210 provides the effect of issuing citation to responsible person. 14.406.220 provides the contents of citations to be issued. 14.406.230 provides the basis for possible modification of a citation. 14.406.240 provides authority for civil penalties for violations. 14.406.300 provides authority it issue notice and order for violations. 14.406.305 states the effect of issuance of a notice and order,penalty options. 14.406.310 states the contents of any notice and order to be issued. 14.406.320 requires that any notice and order issued also be recorded. 14.406.330 provides that a notice and order may be supplemented, lists bases. 14.406.335 provides for informal administrative conference to discuss issues. 14.406.340 provides authority for civil penalties. 14.406.350 states City has ability to suspend,revoke, limit permits for violation. 14.406.360 states City has ability to deny permits for violation. 14.406.370 states City has authority to abate the violation. 14.406.400 provides authority to issue stop work orders. 14.406.410 states the effect of issuing a stop work order. 14.406.420 states that civil penalties can be assessed in addition to stop work order. 14.406.430 states that criminal penalties may be imposed for willful violations. 14.406.500 provides the civil penalty assessment schedule. . . 14;406.510 provides e tions for purpose of assessing penalties— -- 14.406.520 states that violators have a duty to notify City of abatement. 14.406.530 provides for community service in lieu of paying civil penalty. 14.406.540 provides for possible waiver of civil penalties. 14.406.550 provides for enhanced penalties for violations in critical areas. 14.406.560 provides the basis for full cost recovery by City for violations. 14.406.570 authorizes the City to hire collection agency to collect assessed penalties. 14.406.580 authorizes the establishment of a code compliance abatement fund. 14.406.600 authorizes appeals from negative determinations, identify standing to appeal, and identify matters to be included in appeal form. 14.406.620 states the procedures on appeal. 14.406.630 states a final order on appeal shall be issued, contents and timing of same. 14.406.640 authorizes the City to obtain a petition for enforcement to obtain abatement. 14.406.650 provides that if any portion of this chapter is held invalid, the remainder shall remain in full force and effect. • 14.406.660 states this Ordinance shall be in full force and effect five days after publication of the Ordinance Summary. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be mailed out upon request. Christine Bainbridge City Clerk Published: Proposed administrative draft—C.Driskell 5-20-03 Draft 4 CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING CHAPTER 14.406 OF THE CITY OF SPOKANE VALLEY MUNICIPAL CODE RELATING TO ZONING CODE COMPLIANCE. oivoijd-;V WHEREAS, The City of Spokane Valley, Washington has adopted oning Code to regulate the orderly development of the City of Spokane Valley; and / D }! WHEREAS, the existing code compliance ordinance for the City of Spokane Valley does not adequately provide the necessary processes to ensure abatement of identified code violations; WHEREAS, violations of the City of Spokane Valley Zoning Code pose a threat to the health, welfare and safety of the citizens of the City of Spokane Valley, and the City of Spokane Valley desires to address this problem; and WHEREAS, enforcement of the City of Spokane Valley Zoning Code is within the police powers of the City of Spokane Valley, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DOES ORDAIN AS FOLLOWS: The City of Spokane Valley Zoning Code, SVZC 14.406, is hereby amended as follows: 14.406.005 — Name and purpose. This chapter shall be known as "Zoning Code Compliance". The purpose of this chapter is to identify processes and methods to encourage compliance with development ordinances and regulations adopted by the City of Spokane Valley to promote and protect the general public health safety and welfare of City residents. This chapter declares certain acts to be civil violations and establishes non-penal enforcement procedures and civil penalties. This chapter also declares certain acts to be misdemeanors subject to prosecution by the City. It is the intention of the City to pursue code compliance actively and vigorously in order to protect the health, safety and welfare of the general public. This intent is to be pursued - 1 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 in a way that is consistent with adherence to, and respectful of, fundamental federal and state constitutional principles. While this chapter does authorize the City of Spokane Valley to take action to enforce the City ordinances and regulations, it shall not be construed as placing responsibility for code compliance or enforcement upon the City in any particular case, or as creating any duty on the part of the City to any particular person or class of persons. 14.406.010 — Statement of policy. It is the policy of the City of Spokane Valley to emphasize code compliance by education and prevention as a first step. This policy is designed to ensure code compliance and timely action that is available to all persons and uniform in its implementation. While warnings and voluntary compliance are desirable as a first step, enforcement and civil penalties should be used for remedial purposes as needed to assure and effect code compliance. Abatement or remediation should be pursued when appropriate and feasible. Uniform and efficient procedures, with consistent application tailored by regulation should be used to accomplish this policy. 14.406.015—Definitions. A. "Abate" means to take whatever steps are deemed necessary by the Director to assure that the property complies with applicable code requirements. Abatement may include,but is not limited to,rehabilitation, demolition,removal,replacement or repair. B. "Civil code violation"means and includes an act or omission contrary to: 1. Any ordinance, resolution, regulation or public rule of the City that regulates or protects the use and development of land or water; and/or 2. The conditions or any permit, notice and order or stop work order issued pursuant to any such ordinance,resolution,regulation or public rule. C. "The City"means the City of Spokane Valley, Washington. D. "Determination of compliance"means E. "Director"means the Director of the Department of Community Development, or his or her representative(s) authorized in writing. F. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided by City of Spokane Valley Ordinance number 57. G. "Mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome. -2 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 H. "Permit"means any form of certificate, approval,registration, license or any other written permission issued by the City. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners, owner's tenants, and owner's agents as permit requirements enforceable under this chapter. I. "Person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. J. "Person responsible for a code violation" means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property where the civil code violation occurs. K. "Remediate" means to restore a site to a condition that complies with sensitive area or other regulatory requirements as they existed before the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition which does not pose a probable threat to the environment or to the general public health, safety or welfare. L. "Resolution" for purposes of this chapter means any resolution adopted by the City of Spokane Valley City Council. M. "Public rule" means any rule properly promulgated to implement City civil code provisions. 14.406.020 — Relationship to Growth Management Plan. This chapter is adopted as development regulations pursuant to RCW 36.70A(Growth Management Act). 14.406.025—Declaration of public nuisance—misdemeanor. A. All civil code violations are hereby determined to be detrimental to the general public health, safety and welfare and are hereby declared public nuisances. All conditions determined to be civil code violations shall be subject to and enforced pursuant to the provisions of this chapter except where specifically excluded by law or regulation. B. Any person who willfully or knowingly causes, aids or abets a civil code violation pursuant to this chapter by any act of commission or omission is guilty of a misdemeanor. Upon conviction, theperson shall be punished by a fine not to exceed one thousand dollars and/or incarceration for a term not to exceed ninety days. Each week (seven days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this chapter or by law or other regulation, the Director may recommend that the Office of the - 3 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 City Attorney file a misdemeanor complaint against the person responsible for code violation when the Director has documentation or other evidence that the violation was willful and knowing. • 14.406.030—Enforcement, authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the Director may, in response to field observations or reliable complaints, determine that civil code violations have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue citations and assess civil penalties as authorized by this chapter; 3. Issue notice and orders, assess civil penalties and recover costs as authorized by this chapter; 4. Order abatement by means of a notice and order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this chapter; 5. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by SVZC 14.406.530; 6. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assess civil penalties as authorized by this chapter; 7. Suspend,revoke or modify any permit previously issued by the Director or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and 8. Forward a written statement providing all material information relating to the violation to the Office of City Attorney with a recommendation to prosecute the violation as a misdemeanor offense. B. The procedures set forth in this title are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying civil code violations or abating civil code violations in any other manner authorized by law. C. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the Director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a civil code violation. -4 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 D. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the Director may assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County District Court by the Office of the City Attorney. E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code enforcement, the Director shal .a'; e authority to waive any one or more suchprovisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this clause, ubstantial injustice cannot be based <exclusively> on financial hardship. G. - . : ins o- s c apter detailing the administration of code compliance procedures are intended only for the purpose of providing guidance to City employees and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged code violation. H. The Director may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this chapter. It is the intent of the City Council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right-of-entry authorized by this chapter shall not supersede those legal constraints. I. The Director or his or her representative may request that the police, appropriate fire district, Spokane Regional Health District or other appropriate City department or other non-city agency to assist in enforcement. 14.406.035—Guidelines for departmental responses to complaints. A. The following guidelines should be applied by the Director, subject to resource limitations, when responding to code compliance complaints. The timelines identified below may be modified by Department rule, subject to council review and approval. 1. High risk investigations needing an urgent response (within 24 hours) include any cases in which there is an imminent likelihood of or actual bodily harm, damage to public resources or facilities, damage to real or personal property,public health exposure or environmental. - 5 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 2. Moderate risk investigations needing a prompt response (within 72 hours) include cases in which there is risk of bodily harm, damage to public resources and/or facilities, damage to real or personal property, or environmental damage or contamination. 3. Low risk investigations needing response as time permits (within 14 days of violation being identified by code compliance staff) including cases where the violation is non-emergent, does not fit within the high risk or moderate risk categories and has only minor public impacts. B. The response times set out in this section are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce City code provisions with regard to that case. 14.406.050 — Initial investigation. This section sets forth guidelines for more specific procedures to be used by the Director in implementing this chapter. The guidelines set forth in this section are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce City code provisions with regard to that case. A. Field verification. Except in emergencies and for low risk case complaints, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the code violation of the potential or alleged code violation. Low risk case complaints should be acknowledged by sending a letter to the person(s) responsible for the code violation. The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. B. Advising interested parties of receipt of complaint and/or field investigation. 1. The person responsible for the code violation should be advised of any complaint by personal contact;phone;posting and mail(return receipt requested). 2. The complainant should be contacted by phone, and if possible, in person during the field visit. C. The Director will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible,the Department shall check its own records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the code violation. E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. - 6 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 14.406.060—Procedures when probable violation is identified. A. The Director shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City codes, whether or not a violation has occurred. As soon as the Director has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s) responsible for the code violation. B. Except as provided in subsection D, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the Director otherwise determines a violation has occurred. The warning shall inform the person .determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be re-inspected within fourteen days. C. The guidelines set forth for warnings, notifications and re-inspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce City code provisions with regard to that case. D. No warning need be issued in high risk cases, emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within a short period of time, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known that the action was a civil code violation. E. Citations may be issued in moderate and low risk cases, provided that the Director determines it is probable that the violation can likely be fully corrected in a short period of time. F. Notice and orders should be issued in all high risk cases in which a voluntary compliance agreement has not been entered into within one working days of notification by the Director. Notice and orders may be issued in moderate and low risk cases where the Director determines that the violation is unlikely to be fully corrected in a short period of time. G. The Director shall use all reasonable means to determine and cite the person actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. H. If the violation is not corrected, or a voluntary compliance agreement is not achieved within fifteen days of notification by the Director, a notice and order or stop work order should be issued. Citations should be issued within fifteen days from receipt - 7 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 of a complaint, and notice and orders should be issued within twenty days from receipt of a complaint. Stop work orders should be issued promptly upon discovery of a violation in progress. I. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, citations, notice and orders, stop work orders and notices of settlement conferences issued by the Director with regard to the alleged violation. Any complainant may appeal a determination of code compliance issued by the Director pursuant to SVZC 14.406.095. 14.406.070—Service—citation,notice and order, and stop work order. A. Service of a citation or notice and order shall be made on a person responsible for code violation by one or more of the following methods: 1. Personal service of a citation or notice and order may be made on the person identified by the Department as being responsible for the code violation, or by leaving a copy of the citation or notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and/or occupant of the property may be made by posting the citation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; 3. Service by mail may be made for a citation or a notice and order by mailing two copies,postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the citation or notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in the City's newspaper of record. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the - 8 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 violation occurred or by serving the stop work order in any other manner permitted by this section. D. The failure of the Director to make or attempt service on any person named in the citation, notice and order or stop work order shall not invalidate any proceedings as to any other person duly served. 14.406.080—Training and rulemaking. A. In order to ensure strict conformity with the constraints on entry imposed by state and federal law, and to ensure that City employees deal with the public in a manner which respects the rights of private property owners, the Director shall develop and adopt internal procedures, protocols and training programs governing the conduct of searches by compliance officers. B. The Director shall adopt procedures to implement the provisions of this chapter, and specifically the guidelines set out in this chapter describing reasonable and appropriate protocols for investigating code violations. 14.406.090—Obligations of persons responsible for code violation. A. It shall be the responsibility of any person identified as responsible for code a 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 citation or notice and order shall be liable for the payment of any civil penalties and abatement costs, provided however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owner's behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the Director, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. 14.406.095 — Determination of compliance. After issuance of a warning, citation, voluntary compliance agreement, citation, notice and order, or stop work order, and after the person(s) responsible for a code violation have come into zoning code compliance to the satisfaction of the Director, the Director shall issue a written determination of compliance. The Director shall mail copies of the determination of compliance to each person originally named in the warning, citation, voluntary compliance agreement, - 9 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 citation, notice and order, or stop work order, as well as the complainant, by certified mail, five-day return receipt requested. 14.406.100—Voluntary compliance agreement—authority. A. Whenever the Director determines that a code violation has occurred or is occurring, the Director shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation. Upon contacting the person responsible for the code violation, the Director may enter into a voluntary compliance agreement as provided for in this section. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a citation, notice and order or a stop work order and before an appeal is decided pursuant to SVZC 14.406.630. C. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation under which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: 1. The name and address of the person responsible for the code violation; 2. The address or other identification of the location of the violation; 3. A description of the violation and a reference to the provision(s) of the ordinance, resolution or regulation which has been violated; 4. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; 5. The amount of the civil penalty that will be imposed pursuant to SVZC 14.406.500 if the voluntary compliance agreement is not satisfied; 6. An acknowledgement that the voluntary compliance agreement will be recorded against the property in the Spokane County Auditor's office, said recording to be accomplished as provided for in notice and order cases; 7. An acknowledgement that if the Director determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a citation, notice and order or stop work order, impose any remedy authorized by this chapter, which includes the assessment of civil penalties identified in the voluntary compliance agreement, abatement of the violation by the City, assessment of 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 the person responsible for the code violation; - 10 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 8. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the Director may charge the unpaid amount as a lien against the property where the civil code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the code violation; 9. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation. Further, if the Director determines the terms of the voluntary compliance agreement are not met, the person is subject to and liable for any remedy authorized by this chapter, which includes the assessment of the civil penalties identified in the voluntary compliance agreement, abatement of the violation, assessment of the costs incurred by the City to pursue code compliance and abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit; and 10. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a citation, notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such citation, notice and order, or stop work order, and that he or she is knowingly, voluntarily and intelligently waiving those rights. D. Upon entering into a voluntary compliance agreement, a person responsible for a code violation: 1. Waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation; and 2. Agrees that if the Director determines the terms of the voluntary compliance agreement are not met, the person responsible for a code violation is liable for the civil penalty pursuant to SVZC 14.406.500, and identified in the voluntary compliance agreement, is liable for all costs incurred by the City to pursue code compliance and to abate the violation, as provided for in SVZC 14.406.560, and is subject to all other remedies provided for in this chapter. E. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the Director. An extension 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 - 11 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 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. F. The voluntary compliance agreement is not a settlement agreement. 14.406.110—Failure to meet terms of voluntary compliance agreement. A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the Director may abate the violation in accordance with the provisions of this chapter, and the person responsible for code compliance may, without being issued a citation, notice and order, or stop work order,be assessed a civil penalty commencing on the day after the deadline for compliance, in accordance with the penalty provisions of this chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, as provided for in this chapter, 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 that an appeal of any preceding citation, notice and order, or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not preceding citation,notice and order, or stop work order. B. The Director may issue a citation, notice and order, or stop work order for failure to meet the terms of a voluntary compliance agreement. 14.406.200— Citations— authority. Whenever the Director has determined, based upon investigation of documents and/or physical evidence, that a civil code violation has occurred, the Director may issue a citation to any person responsible for code violation. The Director shall make a determination whether or not to issue a citation within twenty days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist. Subsequent complaints shall be treated as new complaints for purposes of this section. However, such subsequent complaints shall not constitute a separate violation to which the penalties of this chapter apply. 14.406.210—Citations—effect. A. A citation represents a determination that a civil code violation has occurred and that the cited party is a person responsible for a code violation. B. A citation subjects the person responsible for a code violation to the civil penalties prescribed by SVZC 14.406.500. C. The person responsible for a code violation shall either pay the civil penalties assessed within 20 days of the date of issuance of the citation, or appeal the citation according to the procedures described in SVZC 14.406.600-630. - 12 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 D. Failure to appeal the citation within 20 days shall render the citation a final determination that the conditions described in the citation existed and constituted a civil code violation, and that the cited party is liable as a person responsible for a code violation. E. Imposition of a civil penalty creates a joint and several personal obligation in all persons responsible for a code violation that are served with notice of the violation. The Office of the City Attorney, on behalf of the City of Spokane Valley, may collect the civil penalties assessed by any appropriate legal means. F. Issuance of a citation in no way limits the Director's authority to issue a notice and order or stop work order to any person responsible for a code violation pursuant to this chapter. Payment of the civil penalties assessed under the citation does not relieve a person responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties accruing under a notice and order or stop work order issued pursuant to this chapter. 14.406.220 —.Citation — contents. The citation shall include all of the following information: A. Identification of the location of the violation; B. A brief description of the violation or violations found; C. A statement of the specific ordinance, resolution, regulation, public rule, permit condition,notice and order provision, or stop work order provision that was violated; D. A statement that the citation represents a determination that a civil code violation has occurred and that the cited party is subject to civil penalty; E. A statement of the amount of the civil penalty assessed and that the penalty must be paid within 20 days, if not appealed pursuant to SVZC 14.406.600-630; F. A statement of the options provided in this chapter for responding to the citation and the procedures necessary to exercise these options; G. A statement that failure to appeal the citation within twenty days renders the citation a final determination that the conditions described in the citation existed and constituted a civil code violation, and that the cited party is liable as a person responsible for a code violation; and H. A statement advising that a failure to respond or appeal may be referred to the Office of the City Attorney for prosecution. 14.406.230—Citation—modification or revocation. - 13 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 A. The Director may add to, revoke in whole or in part, or otherwise modify a citation by issuing a written supplemental citation. The supplemental citation shall be governed by the same procedures applicable to all citations contained in this chapter. B. The Director may issue a supplemental citation, or revoke a citation issued under this chapter: • 1. if the original citation was issued in error; 2. whenever there is new information or change of circumstances; or 3. if a party to a citation was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be served on the person responsible for a code violation in conformity with this chapter. 14.406.240 — Citation—remedy— civil penalties. A citation shall carry a civil penalty to be determined with reference to the schedule contained in SVZC 14.406.500. The payment of civil penalties does not relieve a person responsible for a code violation of any obligation to cure, abate or stop a violation. 14.406.300 — Notice and order — authority. Whenever the Director has reason to believe, based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the civil code violations cited in a citation have not been corrected, or that the terms of a voluntary compliance agreement have not been met, the Director is authorized to issue a notice and order to any person responsible for a code violation. The Director shall make a determination whether or not to issue a notice and order within twenty days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within fifteen days of the end of a voluntary compliance agreement time period which has not been met. Subsequent complaints shall be treated as new complaints for the purposes of this section. Issuance of a citation is not a condition precedent to the issuance of a notice and order. 14..406.305-Notice and order—effect. A. A notice and order represents a determination that a civil code violation has occurred, that the cited party is a person responsible•for a code violation, and that the violations set out in the notice and order require the assessment of penalties, costs, and other remedies that may be specified in the notice and order. B. Failure to correct the civil code violation in the manner prescribed by the notice and order subjects the person to whom the notice and order is directed to the use of any of the compliance remedies provided by this chapter, including: 1. Additional civil penalties and costs pursuant to SVZC 14.406.340; - 14 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 2. A requirement that abatement, remediation and/or mitigation be performed; 3. An agreement to perform community service pursuant to SVZC 14.406.530; 4. Suspension, revocation, modification and/or denial of a permit pursuant to SVZC 14.406.360; and/or 5. Abatement by the Director and recovery of the costs of abatement according to the procedures described in this chapter. C. Any person identified in the notice and order as responsible for a code violation may appeal the notice and order within twenty days according to the procedures described in SVZC 14.406.600-630. D. Failure to appeal the notice and order within the applicable time limits shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a civil code violation, and that the named party is liable as a person responsible for a code violation. E. Issuance of a notice and order in no way limits a Director's authority to issue a citation or stop work order to a person previously cited through the notice and order process pursuant to this chapter. Payment of the civil penalties assessed under the notice and order 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 under citations or stop work orders issued pursuant to this chapter. 14.406.310 — Notice and order — contents. The notice and order shall contain the following information: A. The address, when available, or location of the civil code 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 Director has found the named person(s) to have committed a civil code 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. The dollar amount of the civil penalties per separate violation; - 15 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 F. A statement advising that any costs of enforcement that exceed the amount of the penalty may also be assessed against the person to whom the notice and order is directed; G. A statement advising that the notice and order will be recorded against the property in the Spokane County Auditor's Office subsequent to service; 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 Director may proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and several personal obligation of any persons responsible for a code violation; J. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the Director may charge the unpaid amount as a lien against the property where the civil code violation occurred if owned by a person responsible for a code 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 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 civil code violation, and that the named party is liable as a person responsible for a code violation; and N. A statement advising the person responsible for a code violation of his or her duty to notify the Director of any actions taken to achieve compliance with the notice and order. 14.406.320—Notice and order—recording. A. Whenever a notice and order is served on a person responsible for a code violation, the Director shall file a copy of the same with the Spokane County Auditor's Office. - 16 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 B. When all violations specified in the notice and order have been corrected or abated to the satisfaction of the Director, the Director shall file a certificate of compliance with the Spokane County Auditor's Office within five days. The certificate shall include a legal description of the property where the violation occurred and shall state whether any unpaid civil penalties for which liens have been filed are still outstanding and, if so, shall continue as liens on the property. 14.406.330—Notice and order—supplementation, revocation, modification. A. The Director may add to, revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notice and orders contained in this chapter. B. The Director may issue a supplemental notice and order, or revoke a notice and order issued under this chapter: 1. If the original notice and order was issued in error; 2. Whenever there is new information or change of circumstances; or 3. If a party to an order was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be filed with the Spokane County Auditor's Office. 14.406.335 — Notice and order - administrative conference. An informal administrative conference may be conducted by the Director at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. 14.406.340 — Notice and order — remedies — civil penalties — authority and general provisions. A. Upon a determination by the Director that a civil code violation has occurred pursuant to a notice and order, the Director is authorized to impose appropriate civil penalties according to the schedule contained in SVZC 14.406.500. B. Civil penalties assessed also authorize the City to take a lien for the value of civil penalties imposed against the real property of the person responsible for a code violation. C. The payment of penalties does not relieve a person responsible for a code violation of any obligation to cure, abate or stop a violation. - 17 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 14.406.350 — Notice and order — remedies — suspension, revocation or limitation of permit. A. The Director may suspend, revoke or modify any permit issued by such Director whenever: 1. The permit holder has committed a code violation in the course of performing activities subject to that permit; 2. The permit holder has interfered with the Director in the performance of his or her duties related to that permit; 3. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 4. Permit fees or costs were paid to the City by check and returned from a financial institution marked non-sufficient funds (NSF) or canceled; or 5. For a permit or approval that is subject to sensitive area review, the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive are study that was the basis for establishing permit or approval conditions. B. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this chapter and shall be effective upon the compliance date established by the notice and order. Such suspension, revocation or modification maybe appealed to the Hearing Examiner using the appeal provisions of this chapter. C. Notwithstanding any other provision of this chapter, the Director may immediately suspend operations under any permit by issuing a stop work order pursuant to SVZC 14.406.400-430. 14.406.360—Notice and order—remedies—denial of permit. A. The City may deny a development proposal permit when, with regard to the site or project for which the permit is submitted: 1. Any person owning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation or public rule of the City that regulates or protects the public health, safety and welfare, or the use and development of land and water; and/or 2. Ariy person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any - 18 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 permit,notice and order or stop work order issued pursuant to any such ordinance, resolution,regulation or public rule; and/or B. In order to further the remedial purposes of this chapter, such denial may continue until the violation is cured by restoration accepted as complete by the City and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. C. For the purposes of this section, "found in violation"means" 1. That a citation, notice and order or stop work order has been issued and not timely appealed; or 2. That a voluntary compliance agreement has been entered into; or 3. That the Hearing Examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. 14.406.370 — Notice and order — remedies — abatement. In addition, or as an alternative, to any other judicial or administrative remedy, the Director may use the notice and order provisions of this chapter to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the Director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the Director may proceed to abate the violation. • 14.406.400 — Stop work order— authorized. The Director is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a citation or notice and order is not a condition precedent to the issuance of the stop work order. 14.406.410—Stop work order—effect. A. A stop work order represents a determination that a civil code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring,must cease. B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the Director. C. A stop work order may be appealed according to the procedures prescribed by SVZC 14.406.600-630. - 19 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 D. Failure to appeal the stop work order within the applicable time limits renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. E. A stop work order may be enforced by the City Police. 14.406.420—Stop work order—remedy—civil penalties. A. In addition to any other judicial or administrative remedy, the Director may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in SVZC 14.406.500. B. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated, and shall cease accruing on the day the work is actually stopped. C. Violation of a stop work order shall be a separate violation from any other civil code violation. 14.406.430—Stop work order—remedy— criminal penalties. In addition to any other judicial or administrative remedy, the Director may forward to the Office of City Attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order. 14.406.500—Civil penalties—assessment schedule. A. Civil penalties for civil code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a citation, notice and order or stop work order,pursuant to the following schedule: 1. Citations $250 2.Notice and orders and stop work orders a.basic initial penalty $500 b. additional initial penalties may be added where there is: 1.public health risk—amount depends on severity $0-2,500 2. environmental damage- amount depends on severity $0-2,500 3. damage to property-amount depends on severity $0-2,500 4.history of similar violations (less than three) $0-1,000 5.history of similar violations (three or more) $0-5,000 6. economic benefit to person responsible for violation $0-5,000 c. the above penalties may be offset by the following compliance 1. full compliance with a voluntary compliance agreement $0-1,500 with no prior history of violations 0—1 2. full compliance with a voluntary compliance agreement $0 and a history of less than three prior violations gpry,n e,i, - 20 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 B. The total initial penalties assessed for notice and orders and stop work orders pursuant to this chapter shall apply for the first thirty day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. If a voluntary compliance agreement is not entered into within that time period, and no appeal is filed, the penalties for the next fifteen day period shall be one hundred fifty percent (150%) of the initial penalties, and the penalties for the next fifteen day period shall be two hundred percent(200%)the amount of the initial penalties. C. Citations shall be subject to a one-time penalty per violation. D. The Director may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, or if corrective action identified in the voluntary compliance agreement is not completed as specified. E. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. F. The City may take a lien for the value of the civil penalties against the real property of the person responsible for a code violation if the violation was reasonably related to the real property. G. 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 for the civil penalties assessed under this chapter. Any such lien can be filed under this section if, after the expiration of 30 days from when a person responsible for a code violation receives the citation, notice and order or stop work order(excluding any appeal) any civil penalties remain unpaid in whole or in part. 14.406.510 - Civil penalties — definitions. For the purposes of assessing civil penalties, "found in violation"means that: A. A citation, notice and order or stop work order has been issued and not timely appealed; B. A voluntary compliance agreement has been entered into; or C. The Hearing Examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. 14.406.520 - Civil penalties —duty to comply. Persons responsible for a code violation have a duty to notify the Director of any actions taken to achieve compliance with the „)// 1 -21 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance. 14.406.530 - Civil penalties—community service. The Director is authorized to allow a person responsible for a code violation who accumulates civil penalties as a result of a citation or notice and order to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. <Do we want to set a daily dollar amount that can be worked off, such as $50-100 per day?> The Director shall take into consideration the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. 14.406.540- Civil penalties—waivers. A. Civil penalties may be waived or reimbursed to the payor by the Director under the following circumstances: 1. The citation, notice and order or stop work order was issued in error; or 2. The civil penalties were assessed in error; or 3. Notice failed to reach the property owner due to unusual circumstances; or 4. New, material information warranting waiver has been presented to the Director since the citation,notice and order or stop work order was issued. B. The Director shall state in writing the circumstances under which a decision was made to waive penalties, and such statement shall become part of the public record unless privileged. 14.406.550 - Civil penalties—critical areas. A. The code compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of RCW 36.70A (the Growth Management Act), and to further the remedial purposes of this chapter. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial,but will also be required to pay a civil penalty for the redress of ecological,recreation, and economic values lost or damaged due to their unlawful action. -22 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 B. The provisions of SVZC 14.406.540 are in addition to, and not in lieu of, any other penalty, sanction or right of action provided by law for other related violations. C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in SVZC 14.406.090, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. D. For the purposes of SVZC 14.406.540, violation of the critical area ordinance means: 1. The violation of any provision of City Ordinance number 49, or of the administrative rules promulgated thereunder. Ordinance number 49 adopted Spokane County Code, section 11.20, as its interim critical areas regulations; 2. The failure to obtain a permit required for work in a critical area; or 3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant,plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above- mentioned provisions. E. Any person in violation of the critical areas ordinance may be subject to civil penalties, costs and fees as follows: 1. According to the civil penalty schedule under SVZC 14.406.500, provided that the exact amount of the penalty per violation shall be determined by the Director based on the physical extent and severity of the violation; or 2. The greater of: a. an amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation,measured as the total of: 1) the resulting increase in market value of the property; 2) the value received by the person responsible for a code violation; 3) the savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of the critical area ordinance; or -23 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 b. code compliance costs (such amount not to exceed $25,000) incurred by the city to enforce City Ordinance number 49 against the person responsible for a code violation. 14.406.560 - Cost recovery. A. In addition to the other remedies available under this chapter, the Director may <shall?> charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation to the extent these costs exceed the amount of the civil penalty paid. These charges include: 1. Reasonable legal fees and costs. For purposes of SVZC 14.406, "reasonable legal fees and costs" shall include, but is not limited to legal personnel costs,both direct and indirect, incurred to enforce the provisions of this section; and 2. Administrative personnel costs. For purposes of SVZC 14.406, administrative personnel costs shall include, but are not limited to administrative personnel costs,both direct and indirect, incurred to enforce the provisions of this section; and 3. All abatement costs. The Director shall keep an itemized account of costs incurred by the City in the abatement of any violation under this chapter. Upon completion of any abatement work, the Director shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing,mailing or court filing fees. B. Such costs are due and payable thirty days from mailing of the invoice. C. All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligation in all persons responsible for a code violation. The Office of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. The City may take a lien for the value of the costs of pursuing code compliance against the real property of the person responsible for a code violation. E. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a code violation pursuant to this chapter, file for record with the Spokane County Auditor to claim a lien for the assessed costs identified in this section. Such a lien shall be substantially in accordance with the provision regarding -24 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. Any such lien can be filed under this section if, after the expiration of 30 days from when a person responsible for a code violation receives the citation, notice and order or stop work order (excluding any appeal) any assessed costs remain unpaid in whole or in part. 14.406.570 — Collection of civil penalties, fees and costs. The Director may use the services of a collection agency in order to collect any civil penalties, fees or costs owing under this chapter. 14.406.580 - Code compliance abatement fund—authorized. A. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. B. Funds needed to abate a violation by the City shall be obtained from the abatement fund. 14.406.600 -Administrative appeals—standing-filing requirements. A. Any person issued a citation or named in a notice and order or stop work order, and any owner of the land where the violation for which a citation, notice and order or stop work order is issued occurred,may file a notice of appeal of the following: 1. citation; 2. notice and order; 3. stop work order; B. A complainant who requests to be kept advised pursuant to SVZC 14.406.060(I) may appeal a determination of compliance by the Director. C. A person that does not meet the requirements of SVZC 14.406.600(A) or(B)does not have standing to appeal under this chapter. D. Any person filing an appeal under this chapter who was issued a citation or order, or is the owner of the land where the violation occurred, shall do so by obtaining the appeal form from the Director and filing the completed appeal form with the Director within twenty days of service of the citation, notice and order or stop work order. A complainant who appeals the determination of compliance by the Director must file any such appeal within twenty days of service of the determination of compliance. E. A notice of appeal shall comply with the form, content and service requirements of SVZC 14.412, and any rules promulgated thereunder, unless otherwise provided by this chapter. -25 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 14.406.610 — Administrative appeal — notice of hearing. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the time, location and date of the hearing on the issues identified on the violation,notice and order or stop work order. The City shall mail this notice by certified mail, five-day return receipt requested, to the person(s)responsible for a violation. 14.406.620 -Administrative appeal—procedures. A. The appeal hearing shall be conducted as provided for in SVZC 14.412, except that where specific provisions in this chapter conflict with SVZC 14.412, the provisions of this chapter shall govern. B. Enforcement of any notice and order of the Director issued pursuant to this chapter shall be stayed as to the appealing party during the pendency of any administrative appeal under this chapter, except when the Director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued. C. Enforcement of any stop work order issued pursuant to this chapter shall not be stayed during the pendency of any administrative appeal under this title. D. When multiple citations, notices and order or stop work orders have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed. 14.406.630—Administrative appeal—final order. A. Following review of the evidence submitted, the Hearing Examiner shall make written findings and conclusions, and shall affirm or modify the citation, notice and order or stop work order previously issued if the Hearing Examiner finds that a violation has occurred. The Hearing Examiner shall uphold the appeal and reverse the citation or order if the examiner finds that no violation occurred. B. If an owner of property where the violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the owner's knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such abatement in order to avoid doing substantial injustice to a non-culpable property owner. C. The Hearing Examiner's final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in Spokane County Superior Court within the time period specified by applicable state law. - 26 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 D. A final order by the Hearing Examiner affirming, revoking or modifying a citation,notice and order or stop work order is a final decision. 14.406.640 -Judicial enforcement—petition for enforcement. A. In addition to any other judicial or administrative remedy, the Office of the City Attorney, on behalf of the City, may seek enforcement of the Director's order by filing a petition for enforcement in Spokane County Superior Court. B. The petition must name as respondent each person against whom the Director seeks to obtain civil enforcement. C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. 14.406.650 - Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 14.406.660—Effective date. This ordinance shall be in full force and effect five(5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of June, 2003. Mayor,Michael DeVleming ATTEST: Interim City Clerk, Ruth Muller Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of publication: Effective date: -27 • Proposed administrative draft—C.Driskell 5-20-03 Draft 4 CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING CHAPTER 14.406 OF THE CITY OF SPOKANE VALLEY MUNICIPAL CODE RELATING TO ZONING CODE COMPLIANCE. WHEREAS, The City of Spokane Valley, Washington has adopted a Zoning Code to regulate the orderly development of the City of Spokane Valley; and WHEREAS, the existing code compliance ordinance for the City of Spokane Valley does not adequately provide the necessary processes to ensure abatement of identified code violations; WHEREAS, violations of the City of Spokane Valley Zoning Code pose a threat to the health, welfare and safety of the citizens of the City of Spokane Valley, and the City of Spokane Valley desires to address this problem; and WHEREAS, enforcement of the City of Spokane Valley Zoning Code is within the police powers of the City of Spokane Valley,Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DOES ORDAIN AS FOLLOWS: The City of Spokane Valley Zoning Code, SVZC 14.406, is hereby amended as follows: 14.406.005 — Name and purpose. This chapter shall be known as "Zoning Code Compliance". The purpose of this chapter is to identify processes and methods to encourage compliance with development ordinances and regulations adopted by the City of Spokane Valley to promote and protect the general public health safety and welfare of City residents. This chapter declares certain acts to be civil violations and establishes non-penal enforcement procedures and civil penalties. This chapter also declares certain acts to be misdemeanors subject to prosecution by the City. It is the intention of the City to pursue code compliance actively and vigorously in order to protect the health, safety and welfare of the general public. This intent is to be pursued - 1 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 in a way that is consistent with adherence to, and respectful of, fundamental federal and state constitutional principles. While this chapter does authorize the City of Spokane Valley to take action to enforce the City ordinances and regulations, it shall not be construed as placing responsibility for code compliance or enforcement upon the City in any particular case, or as creating any duty on the part of the City to any particular person or class of persons. 14.406.010 — Statement of policy. It is the policy of the City of Spokane Valley to emphasize code compliance by education and prevention as a first step. This policy is designed to ensure code compliance and timely action that is available to all persons and uniform in its implementation. While warnings and voluntary compliance are desirable as a first step, enforcement and civil penalties should be used for remedial purposes as needed to assure and effect code compliance. Abatement or remediation should be pursued when appropriate and feasible. Uniform and efficient procedures, with consistent application tailored by regulation should be used to accomplish this policy. 14.406.015—Definitions. A. "Abate" means to take whatever steps are deemed necessary by the Director to assure that the property complies with applicable code requirements. Abatement may include,but is not limited to,rehabilitation, demolition, removal,replacement or repair. B. "Civil code violation"means and includes an act or omission contrary to: 1. Any ordinance, resolution, regulation or public rule of the City that regulates or protects the use and development of land or water; and/or 2. The conditions or any permit, notice and order or stop work order issued pursuant to any such ordinance,resolution,regulation or public rule. C. "The City"means the City of Spokane Valley, Washington. D. "Determination of compliance"means E. "Director" means the Director of the Department of Community Development, or his or her representative(s) authorized in writing. F. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided by City of Spokane Valley Ordinance number 57. G. "Mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome. -2 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 H. "Permit"means any form of certificate, approval,registration, license or any other written permission issued by the City. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners, owner's tenants, and owner's agents as permit requirements enforceable under this chapter. I. "Person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. J. "Person responsible for a code violation" means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property where the civil code violation occurs. K. "Remediate" means to restore a site to a condition that complies with sensitive area or other regulatory requirements as they existed before the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition which does not pose a probable threat to the environment or to the general public health, safety or welfare. L. "Resolution" for purposes of this chapter means any resolution adopted by the City of Spokane Valley City Council. M. "Public rule" means any rule properly promulgated to implement City civil code provisions. 14.406.020 — Relationship to Growth Management Plan. This chapter is adopted as development regulations pursuant to RCW 36.70A(Growth Management Act). 14.406.025—Declaration of public nuisance—misdemeanor. A. All civil code violations are hereby determined to be detrimental to the general public health, safety and welfare and are hereby declared public nuisances. All conditions determined to be civil code violations shall be subject to and enforced pursuant to the provisions of this chapter except where specifically excluded by law or regulation. B. Any person who willfully or knowingly causes, aids or abets a civil code violation pursuant to this chapter by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed one thousand dollars and/or incarceration for a term not to exceed ninety days. Each week(seven days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this chapter or by law or other regulation, the Director may recommend that the Office of the - 3 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 City Attorney file a misdemeanor complaint against the person responsible for code violation when the Director has documentation or other evidence that the violation was willful and knowing. 14.406.030—Enforcement, authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the Director may, in response to field observations or reliable complaints, determine that civil code violations have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue citations and assess civil penalties as authorized by this chapter; 3. Issue notice and orders, assess civil penalties and recover costs as authorized by this chapter; 4. Order abatement by means of a notice and order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this chapter; 5. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by SVZC 14.406.530; 6. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assess civil penalties as authorized by this chapter; 7. Suspend,revoke or modify any permit previously issued by the Director or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and 8. Forward a written statement providing all material information relating to the violation to the Office of City Attorney with a recommendation to prosecute the violation as a misdemeanor offense. B. The procedures set forth in this title are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying civil code violations or abating civil code violations in any other manner authorized by law. C. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the Director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a civil code violation. -4 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 D. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the Director may assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County District Court by the Office of the City Attorney. E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code enforcement, the Director shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this clause, substantial injustice cannot be based <exclusively> on financial hardship. G. The provisions of this chapter detailing the administration of code compliance procedures are intended only for the purpose of providing guidance to City employees and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged code violation. H. The Director may,upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this chapter. It is the intent of the City Council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right-of-entry authorized by this chapter shall not supersede those legal constraints. I. The Director or his or her representative may request that the police, appropriate fire district, Spokane Regional Health District or other appropriate City department or other non-city agency to assist in enforcement. 14.406.035—Guidelines for departmental responses to complaints. A. The following guidelines should be applied by the Director, subject to resource limitations, when responding to code compliance complaints. The timelines identified below may be modified by Department rule, subject to council review and approval. 1. High risk investigations needing an urgent response (within 24 hours) include any cases in which there is an imminent likelihood of or actual bodily harm, damage to public resources or facilities, damage to real or personal property,public health exposure or environmental. - 5 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 2. Moderate risk investigations needing a prompt response (within 72 hours) include cases in which there is risk of bodily harm, damage to public resources and/or facilities, damage to real or personal property, or environmental damage or contamination. 3. Low risk investigations needing response as time permits (within 14 days of violation being identified by code compliance staff) including cases where the violation is non-emergent, does not fit within the high risk or moderate risk categories and has only minor public impacts. B. The response times set out in this section are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce City code provisions with regard to that case. 14.406.050 — Initial investigation. This section sets forth guidelines for more specific procedures to be used by the Director in implementing this chapter. The guidelines set forth in this section are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce City code provisions with regard to that case. A. Field verification. Except in emergencies and for low risk case complaints, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the code violation of the potential or alleged code violation. Low risk case complaints should be acknowledged by sending a letter to the person(s) responsible for the code violation. The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. B. Advising interested parties of receipt of complaint and/or field investigation. 1. The person responsible for the code violation should be advised of any complaint by personal contact;phone; posting and mail(return receipt requested). 2. The complainant should be contacted by phone, and if possible, in person during the field visit. C. The Director will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible,the Department shall check its own records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the code violation. E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. - 6 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 14.406.060—Procedures when probable violation is identified. A. The Director shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City codes, whether or not a violation has occurred. As soon as the Director has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s) responsible for the code violation. B. Except as provided in subsection D, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the Director otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be re-inspected within fourteen days. C. The guidelines set forth for warnings, notifications and re-inspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce City code provisions with regard to that case. D. No warning need be issued in high risk cases, emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within a short period of time, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known that the action was a civil code violation. E. Citations may be issued in moderate and low risk cases,provided that the Director determines it is probable that the violation can likely be fully corrected in a short period of time. F. Notice and orders should be issued in all high risk cases in which a voluntary compliance agreement has not been entered into within one working days of notification by the Director. Notice and orders may be issued in moderate and low risk cases where the Director determines that the violation is unlikely to be fully corrected in a short period of time. G. The Director shall use all reasonable means to determine and cite the person actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. H. If the violation is not corrected, or a voluntary compliance agreement is not achieved within fifteen days of notification by the Director, a notice and order or stop work order should be issued. Citations should be issued within fifteen days from receipt - 7 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 of a complaint, and notice and orders should be issued within twenty days from receipt of a complaint. Stop work orders should be issued promptly upon discovery of a violation in progress. I. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, citations, notice and orders, stop work orders and notices of settlement conferences issued by the Director with regard to the alleged violation. Any complainant may appeal a determination of code compliance issued by the Director pursuant to SVZC 14.406.095. 14.406.070—Service—citation,notice and order, and stop work order. A. Service of a citation or notice and order shall be made on a person responsible for code violation by one or more of the following methods: 1. Personal service of a citation or notice and order may be made on the person identified by the Department as being responsible for the code violation, or by leaving a copy of the citation or notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and/or occupant of the property may be made by posting the citation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below,if a mailing address is available; 3. Service by mail may be made for a citation or a notice and order by mailing two copies,postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the citation or notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in the City's newspaper of record. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the - 8 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 violation occurred or by serving the stop work order in any other manner permitted by this section. D. The failure of the Director to make or attempt service on any person named in the citation, notice and order or stop work order shall not invalidate any proceedings as to any other person duly served. 14.406.080—Training and rulemaking. A. In order to ensure strict conformity with the constraints on entry imposed by state and federal law, and to ensure that City employees deal with the public in a manner which respects the rights of private property owners, the Director shall develop and adopt internal procedures, protocols and training programs governing the conduct of searches by compliance officers. B. The Director shall adopt procedures to implement the provisions of this chapter, and specifically the guidelines set out in this chapter describing reasonable and appropriate protocols for investigating code violations. 14.406.090—Obligations of persons responsible for code violation. A. It shall be the responsibility of any person identified as responsible for code a 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 citation or notice and order shall be liable for the payment of any civil penalties and abatement costs, provided however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owner's behalf,that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the Director, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. 14.406.095 — Determination of compliance. After issuance of a warning, citation, voluntary compliance agreement, citation, notice and order, or stop work order, and after the person(s) responsible for a code violation have come into zoning code compliance to the satisfaction of the Director, the Director shall issue a written determination of compliance. The Director shall mail copies of the determination of compliance to each person originally named in the warning, citation, voluntary compliance agreement, - 9 Proposed administrative draft—C.Driskell • 5-20-03 Draft 4 citation, notice and order, or stop work order, as well as the complainant, by certified mail, five-day return receipt requested. 14.406.100—Voluntary compliance agreement—authority. A. Whenever the Director determines that a code violation has occurred or is occurring, the Director shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation. Upon contacting the person responsible for the code violation, the Director may enter into a voluntary compliance agreement as provided for in this section. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a citation, notice and order or a stop work order and before an appeal is decided pursuant to SVZC 14.406.630. C. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation under which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: 1. The name and address of the person responsible for the code violation; 2. The address or other identification of the location of the violation; 3. A description of the violation and a reference to the provision(s) of the ordinance,resolution or regulation which has been violated; 4. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; 5. The amount of the civil penalty that will be imposed pursuant to SVZC 14.406.500 if the voluntary compliance agreement is not satisfied; 6. An acknowledgement that the voluntary compliance agreement will be recorded against the property in the Spokane County Auditor's office, said recording to be accomplished as provided for in notice and order cases; 7. An acknowledgement that if the Director determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a citation, notice and order or stop work order, impose any remedy authorized by this chapter, which includes the assessment of civil penalties identified in the voluntary compliance agreement, abatement of the violation by the City, assessment of 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 the person responsible for the code violation; - 10 • • Proposed administrative draft—C.Driskell 5-20-03 Draft 4 8. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the Director may charge the unpaid amount as a lien against the property where the civil code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the code violation; 9. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation. Further, if the Director determines the terms of the voluntary compliance agreement are not met, the person is subject to and liable for any remedy authorized by this chapter, which includes the assessment of the civil penalties identified in the voluntary compliance agreement, abatement of the violation, assessment of the costs incurred by the City to pursue code compliance and abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit; and 10. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a citation, notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such citation, notice and order, or stop work order, and that he or she is knowingly, voluntarily and intelligently waiving those rights. D. Upon entering into a voluntary compliance agreement, a person responsible for a code violation: 1. Waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation; and 2. Agrees that if the Director determines the terms of the voluntary compliance agreement are not met, the person responsible for a code violation is liable for the civil penalty pursuant to SVZC 14.406.500, and identified in the voluntary compliance agreement, is liable for all costs incurred by the City to pursue code compliance and to abate the violation, as provided for in SVZC 14.406.560, and is subject to all other remedies provided for in this chapter. E. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the Director. An extension 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 - 11 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 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. F. The voluntary compliance agreement is not a settlement agreement. 14.406.110—Failure to meet terms of voluntary compliance agreement. A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the Director may abate the violation in accordance with the provisions of this chapter, and the person responsible for code compliance may, without being issued a citation, notice and order, or stop work order, be assessed a civil penalty commencing on the day after the deadline for compliance, in accordance with the penalty provisions of this chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, as provided for in this chapter, 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 that an appeal of any preceding citation, notice and order, or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not preceding citation, notice and order, or stop work order. B. The Director may issue a citation, notice and order, or stop work order for failure to meet the terms of a voluntary compliance agreement. 14.406.200 —Citations— authority. Whenever the Director has determined, based upon investigation of documents and/or physical evidence, that a civil code violation has occurred, the Director may issue a citation to any person responsible for code violation. The Director shall make a determination whether or not to issue a citation within twenty days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist. Subsequent complaints shall be treated as new complaints for purposes of this section. However, such subsequent complaints shall not constitute a separate violation to which the penalties of this chapter apply. 14.406.210—Citations—effect. A. A citation represents a determination that a civil code violation has occurred and that the cited party is a person responsible for a code violation. B. A citation subjects the person responsible for a code violation to the civil penalties prescribed by SVZC 14.406.500. C. The person responsible for a code violation shall either pay the civil penalties assessed within 20 days of the date of issuance of the citation, or appeal the citation according to the procedures described in SVZC 14.406.600-630. - 12 • Proposed administrative draft—C.Driskell 5-20-03 Draft 4 D. Failure to appeal the citation within 20 days shall render the citation a final determination that the conditions described in the citation existed and constituted a civil code violation, and that the cited party is liable as a person responsible for a code violation. E. Imposition of a civil penalty creates a joint and several personal obligation in all persons responsible for a code violation that are served with notice of the violation. The Office of the City Attorney, on behalf of the City of Spokane Valley,may collect the civil penalties assessed by any appropriate legal means. F. Issuance of a citation in no way limits the Director's authority to issue a notice and order or stop work order to any person responsible for a code violation pursuant to this chapter. Payment of the civil penalties assessed under the citation does not relieve a person responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties accruing under a notice and order or stop work order issued pursuant to this chapter. 14.406.220 — Citation — contents. The citation shall include all of the following information: A. Identification of the location of the violation; B. A brief description of the violation or violations found; C. A statement of the specific ordinance, resolution, regulation, public rule, permit condition, notice and order provision, or stop work order provision that was violated; D. A statement that the citation represents a determination that a civil code violation has occurred and that the cited party is subject to civil penalty; E. A statement of the amount of the civil penalty assessed and that the penalty must be paid within 20 days,if not appealed pursuant to SVZC 14.406.600-630; F. A statement of the options provided in this chapter for responding to the citation and the procedures necessary to exercise these options; G. A statement that failure to appeal the citation within twenty days renders the citation a final determination that the conditions described in the citation existed and constituted a civil code violation, and that the cited party is liable as a person responsible for a code violation; and H. A statement advising that a failure to respond or appeal may be referred to the Office of the City Attorney for prosecution. 14.406.230—Citation—modification or revocation. - 13 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 A. The Director may add to, revoke in whole or in part, or otherwise modify a citation by issuing a written supplemental citation. The supplemental citation shall be governed by the same procedures applicable to all citations contained in this chapter. B. The Director may issue a supplemental citation, or revoke a citation issued under this chapter: 1. if the original citation was issued in error; 2. whenever there is new information or change of circumstances; or 3. if a party to a citation was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be served on the person responsible for a code violation in conformity with this chapter. 14.406.240 — Citation — remedy— civil penalties. A citation shall carry a civil penalty to be determined with reference to the schedule contained in SVZC 14.406.500. The payment of civil penalties does not relieve a person responsible for a code violation of any obligation to cure, abate or stop a violation. 14.406.300 — Notice and order — authority. Whenever the Director has reason to believe, based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the civil code violations cited in a citation have not been corrected, or that the terms of a voluntary compliance agreement have not been met, the Director is authorized to issue a notice and order to any person responsible for a code violation. The Director shall make a determination whether or not to issue a notice and order within twenty days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within fifteen days of the end of a voluntary compliance agreement time period which has not been met. Subsequent complaints shall be treated as new complaints for the purposes of this section. Issuance of a citation is not a condition precedent to the issuance of a notice and order. 14..406.305—Notice and order—effect. A. A notice and order represents a determination that a civil code violation has occurred, that the cited party is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties, costs, and other remedies that may be specified in the notice and order. B. Failure to correct the civil code violation in the manner prescribed by the notice and order subjects the person to whom the notice and order is directed to the use of any of the compliance remedies provided by this chapter, including: 1. Additional civil penalties and costs pursuant to SVZC 14.406.340; - 14 • Proposed administrative draft—C.Driskell 5-20-03 Draft 4 2. A requirement that abatement, remediation and/or mitigation be performed; 3. An agreement to perform community service pursuant to SVZC 14.406.530; 4. Suspension, revocation, modification and/or denial of a permit pursuant to SVZC 14.406.360; and/or 5. Abatement by the Director and recovery of the costs of abatement according to the procedures described in this chapter. C. Any person identified in the notice and order as responsible for a code violation may appeal the notice and order within twenty days according to the procedures described in SVZC 14.406.600-630. D. Failure to appeal the notice and order within the applicable time limits shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a civil code violation, and that the named party is liable as a person responsible for a code violation. E. Issuance of a notice and order in no way limits a Director's authority to issue a citation or stop work order to a person previously cited through the notice and order process pursuant to this chapter. Payment of the civil penalties assessed under the notice and order 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 under citations or stop work orders issued pursuant to this chapter. 14.406.310 — Notice and order — contents. The notice and order shall contain the following information: A. The address,when available, or location of the civil code 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 Director has found the named person(s) to have committed a civil code 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. The dollar amount of the civil penalties per separate violation; - 15 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 F. A statement advising that any costs of enforcement that exceed the amount of the penalty may also be assessed against the person to whom the notice and order is directed; G. A statement advising that the notice and order will be recorded against the property in the Spokane County Auditor's Office subsequent to service; 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 Director may proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and several personal obligation of any persons responsible for a code violation; J. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the Director may charge the unpaid amount as a lien against the property where the civil code violation occurred if owned by a person responsible for a code 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 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 civil code violation, and that the named party is liable as a person responsible for a code violation; and N. A statement advising the person responsible for a code violation of his or her duty to notify the Director of any actions taken to achieve compliance with the notice and order. 14.406.320—Notice and order—recording. A. Whenever a notice and order is served on a person responsible for a code violation, the Director shall file a copy of the same with the Spokane County Auditor's Office. - 16 • Proposed administrative draft—C.Driskell 5-20-03 Draft 4 B. When all violations specified in the notice and order have been corrected or abated to the satisfaction of the Director, the Director shall file a certificate of compliance with the Spokane County Auditor's Office within five days. The certificate shall include a legal description of the property where the violation occurred and shall state whether any unpaid civil penalties for which liens have been filed are still outstanding and, if so, shall continue as liens on the property. 14.406.330—Notice and order—supplementation, revocation, modification. A. The Director may add to,revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notice and orders contained in this chapter. B. The Director may issue a supplemental notice and order, or revoke a notice and order issued under this chapter: 1. If the original notice and order was issued in error; 2. Whenever there is new information or change of circumstances; or 3. If a party to an order was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be filed with the Spokane County Auditor's Office. 14.406.335 — Notice and order - administrative conference. An informal administrative conference may be conducted by the Director at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. 14.406.340 — Notice and order — remedies — civil penalties — authority and general provisions. A. Upon a determination by the Director that a civil code violation has occurred pursuant to a notice and order, the Director is authorized to impose appropriate civil penalties according to the schedule contained in SVZC 14.406.500. B. Civil penalties assessed also authorize the City to take a lien for the value of civil penalties imposed against the real property of the person responsible for a code violation. C. The payment of penalties does not relieve a person responsible for a code violation of any obligation to cure, abate or stop a violation. - 17 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 14.406.350 — Notice and order — remedies — suspension, revocation or limitation of permit. A. The Director may suspend, revoke or modify any permit issued by such Director whenever: 1. The permit holder has committed a code violation in the course of performing activities subject to that permit; 2. The permit holder has interfered with the Director in the performance of his or her duties related to that permit; 3. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 4. Permit fees or costs were paid to the City by check and returned from a financial institution marked non-sufficient funds (NSF) or canceled; or 5. For a permit or approval that is subject to sensitive area review, the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive are study that was the basis for establishing permit or approval conditions. B. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this chapter and shall be effective upon the compliance date established by the notice and order. Such suspension, revocation or modification may be appealed to the Hearing Examiner using the appeal provisions of this chapter. C. Notwithstanding any other provision of this chapter, the Director may immediately suspend operations under any permit by issuing a stop work order pursuant to SVZC 14.406.400-430. 14.406.360—Notice and order—remedies—denial of permit. A. The City may deny a development proposal permit when, with regard to the site or project for which the permit is submitted: 1. Any person owning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation or public rule of the City that regulates or protects the public health, safety and welfare, or the use and development of land and water; and/or 2. Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any - 18 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 permit,notice and order or stop work order issued pursuant to any such ordinance, resolution, regulation or public rule; and/or B. In order to further the remedial purposes of this chapter, such denial may continue until the violation is cured by restoration accepted as complete by the City and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. C. For the purposes of this section, "found in violation"means" 1. That a citation, notice and order or stop work order has been issued and not timely appealed; or 2. That a voluntary compliance agreement has been entered into; or 3. That the Hearing Examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. 14.406.370 — Notice and order — remedies — abatement. In addition, or as an alternative, to any other judicial or administrative remedy, the Director may use the notice and order provisions of this chapter to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the Director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the Director may proceed to abate the violation. 14.406.400 — Stop work order— authorized. The Director is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a citation or notice and order is not a condition precedent to the issuance of the stop work order. 14.406.410—Stop work order—effect. A. A stop work order represents a determination that a civil code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring,must cease. B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the Director. C. A stop work order may be appealed according to the procedures prescribed by SVZC 14.406.600-630. - 19 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 D. Failure to appeal the stop work order within the applicable time limits renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. E. A stop work order may be enforced by the City Police. 14.406.420—Stop work order—remedy—civil penalties. A. In addition to any other judicial or administrative remedy, the Director may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in SVZC 14.406.500. B. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated, and shall cease accruing on the day the work is actually stopped. C. Violation of a stop work order shall be a separate violation from any other civil code violation. 14.406.430—Stop work order—remedy— criminal penalties. In addition to any other judicial or administrative remedy, the Director may forward to the Office of City Attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order. 14.406.500—Civil penalties—assessment schedule. A. Civil penalties for civil code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a citation, notice and order or stop work order,pursuant to the following schedule: 1. Citations $250 2.Notice and orders and stop work orders a.basic initial penalty $500 b. additional initial penalties maybe added where there is: 1.public health risk—amount depends on severity $0-2,500 2. environmental damage- amount depends on severity $0-2,500 3. damage to property- amount depends on severity $0-2,500 4.history of similar violations (less than three) $0-1,000 5.history of similar violations (three or more) $0-5,000 6. economic benefit to person responsible for violation $0-5,000 c. the above penalties may be offset by the following compliance 1. full compliance with a voluntary compliance agreement $0-1,500 with no prior history of violations 2. full compliance with a voluntary compliance agreement $0 and a history of less than three prior violations -20 • Proposed administrative draft—C.Driskell 5-20-03 Draft 4 B. The total initial penalties assessed for notice and orders and stop work orders pursuant to this chapter shall apply for the first thirty day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. If a voluntary compliance agreement is not entered into within that time period, and no appeal is filed, the penalties for the next fifteen day period shall be one hundred fifty percent (150%) of the initial penalties, and the penalties for the next fifteen day period shall be two hundred percent(200%)the amount of the initial penalties. C. Citations shall be subject to a one-time penalty per violation. D. The Director may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, or if corrective action identified in the voluntary compliance agreement is not completed as specified. E. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. F. The City may take a lien for the value of the civil penalties against the real property of the person responsible for a code violation if the violation was reasonably related to the real property. G. 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 for the civil penalties assessed under this chapter. Any such lien can be filed under this section if, after the expiration of 30 days from when a person responsible for a code violation receives the citation, notice and order or stop work order(excluding any appeal) any civil penalties remain unpaid in whole or in part. 14.406.510 - Civil penalties — defmitions. For the purposes of assessing civil penalties, "found in violation"means that: A. A citation, notice and order or stop work order has been issued and not timely appealed; B. A voluntary compliance agreement has been entered into; or C. The Hearing Examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. 14.406.520 - Civil penalties — duty to comply. Persons responsible for a code violation have a duty to notify the Director of any actions taken to achieve compliance with the -21 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance. 14.406.530 - Civil penalties—community service. The Director is authorized to allow a person responsible for a code violation who accumulates civil penalties as a result of a citation or notice and order to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. <Do we want to set a daily dollar amount that can be worked off, such as $50-100 per day?> The Director shall take into consideration the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. 14.406.540 - Civil penalties—waivers. A. Civil penalties may be waived or reimbursed to the payor by the Director under the following circumstances: 1. The citation,notice and order or stop work order was issued in error; or 2. The civil penalties were assessed in error; or 3. Notice failed to reach the property owner due to unusual circumstances; or 4. New, material information warranting waiver has been presented to the Director since the citation,notice and order or stop work order was issued. B. The Director shall state in writing the circumstances under which a decision was made to waive penalties, and such statement shall become part of the public record unless privileged. 14.406.550 - Civil penalties—critical areas. A. The code compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of RCW 36.70A (the Growth Management Act), and to further the remedial purposes of this chapter. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial,but will also be required to pay a civil penalty for the redress of ecological,recreation, and economic values lost or damaged due to their unlawful action. -22 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 B. The provisions of SVZC 14.406.540 are in addition to, and not in lieu of, any other penalty, sanction or right of action provided by law for other related violations. C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in SVZC 14.406.090, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. D. For the purposes of SVZC 14.406.540, violation of the critical area ordinance means: 1. The violation of any provision of City Ordinance number 49, or of the administrative rules promulgated thereunder. Ordinance number 49 adopted Spokane County Code, section 11.20, as its interim critical areas regulations; 2. The failure to obtain a permit required for work in a critical area; or 3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant,plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above- mentioned provisions. E. Any person in violation of the critical areas ordinance may be subject to civil penalties, costs and fees as follows: 1. According to the civil penalty schedule under SVZC 14.406.500, provided that the exact amount of the penalty per violation shall be determined by the Director based on the physical extent and severity of the violation; or 2. The greater of: a. an amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation,measured as the total of: 1) the resulting increase in market value of the property; 2) the value received by the person responsible for a code violation; 3) the savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of the critical area ordinance; or -23 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 b. code compliance costs (such amount not to exceed $25,000) incurred by the city to enforce City Ordinance number 49 against the person responsible for a code violation. 14.406.560 - Cost recovery. A. In addition to the other remedies available under this chapter, the Director may <shall?> charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation to the extent these costs exceed the amount of the civil penalty paid. These charges include: 1. Reasonable legal fees and costs. For purposes of SVZC 14.406, "reasonable legal fees and costs" shall include, but is not limited to legal personnel costs, both direct and indirect, incurred to enforce the provisions of this section; and 2. Administrative personnel costs. For purposes of SVZC 14.406, administrative personnel costs shall include, but are not limited to administrative personnel costs,both direct and indirect, incurred to enforce the provisions of this section; and 3. All abatement costs. The Director shall keep an itemized account of costs incurred by the City in the abatement of any violation under this chapter. Upon completion of any abatement work, the Director shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing,mailing or court filing fees. B. Such costs are due and payable thirty days from mailing of the invoice. C. All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligation in all persons responsible for a code violation. The Office of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. The City may take a lien for the value of the costs of pursuing code compliance against the real property of the person responsible for a code violation. E. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a code violation pursuant to this chapter, file for record with the Spokane County Auditor to claim a lien for the assessed costs identified in this section. Such a lien shall be substantially in accordance with the provision regarding -24 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. Any such lien can be filed under this section if, after the expiration of 30 days from when a person responsible for a code violation receives the citation, notice and order or stop work order (excluding any appeal) any assessed costs remain unpaid in whole or in part. 14.406.570 — Collection of civil penalties, fees and costs. The Director may use the services of a collection agency in order to collect any civil penalties, fees or costs owing under this chapter. 14.406.580 - Code compliance abatement fund—authorized. A. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. B. Funds needed to abate a violation by the City shall be obtained from the abatement fund. 14.406.600 -Administrative appeals—standing-filing requirements. A. Any person issued a citation or named in a notice and order or stop work order, and any owner of the land where the violation for which a citation, notice and order or stop work order is issued occurred,may file a notice of appeal of the following: 1. citation; 2. notice and order; 3. stop work order; B. A complainant who requests to be kept advised pursuant to SVZC 14.406.060(I) may appeal a determination of compliance by the Director. C. A person that does not meet the requirements of SVZC 14.406.600(A) or(B) does not have standing to appeal under this chapter. D. Any person filing an appeal under this chapter who was issued a citation or order, or is the owner of the land where the violation occurred, shall do so by obtaining the appeal form from the Director and filing the completed appeal form with the Director within twenty days of service of the citation, notice and order or stop work order. A complainant who appeals the determination of compliance by the Director must file any such appeal within twenty days of service of the determination of compliance. E. A notice of appeal shall comply with the form, content and service requirements of SVZC 14.412, and any rules promulgated thereunder, unless otherwise provided by this chapter. - 25 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 14.406.610 — Administrative appeal — notice of hearing. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the time, location and date of the hearing on the issues identified on the violation, notice and order or stop work order. The City shall mail this notice by certified mail, five-day return receipt requested, to the person(s)responsible for a violation. 14.406.620 -Administrative appeal—procedures. A. The appeal hearing shall be conducted as provided for in SVZC 14.412, except that where specific provisions in this chapter conflict with SVZC 14.412, the provisions of this chapter shall govern. B. Enforcement of any notice and order of the Director issued pursuant to this chapter shall be stayed as to the appealing party during the pendency of any administrative appeal under this chapter, except when the Director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued. C. Enforcement of any stop work order issued pursuant to this chapter shall not be stayed during the pendency of any administrative appeal under this title. D. When multiple citations, notices and order or stop work orders have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed. 14.406.630—Administrative appeal—final order. A. Following review of the evidence submitted, the Hearing Examiner shall make written findings and conclusions, and shall affirm or modify the citation, notice and order or stop work order previously issued if the Hearing Examiner finds that a violation has occurred. The Hearing Examiner shall uphold the appeal and reverse the citation or order if the examiner finds that no violation occurred. B. If an owner of property where the violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the owner's knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such abatement in order to avoid doing substantial injustice to a non-culpable property owner. C. The Hearing Examiner's final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in Spokane County Superior Court within the time period specified by applicable state law. - 26 Proposed administrative draft—C.Driskell 5-20-03 Draft 4 D. A final order by the Hearing Examiner affirming, revoking or modifying a citation, notice and order or stop work order is a final decision. 14.406.640 -Judicial enforcement—petition for enforcement. A. In addition to any other judicial or administrative remedy, the Office of the City Attorney, on behalf of the City, may seek enforcement of the Director's order by filing a petition for enforcement in Spokane County Superior Court. B. The petition must name as respondent each person against whom the Director seeks to obtain civil enforcement. C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. 14.406.650 - Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 14.406.660—Effective date. This ordinance shall be in full force and effect five (5)days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of June, 2003. Mayor, Michael DeVleming ATTEST: Interim City Clerk,Ruth Muller Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of publication: Effective date: -27