HomeMy WebLinkAboutOrdinance 10-002 Amending 17.100.030 Code Compliance • •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 10-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,AMENDING SECTION 17.100.030 OF THE SPOKANE VALLEY MUNICIPAL
CODE RELATING TO CODE COMPLIANCE.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
Chapter 17.100,regulating nuisance conditions on public and private property; and
WHEREAS, the existing provisions should be amended to ensure compliance with State law, to
provide clarity, and give staff the full range of options to ensure compliance with City code.
WHEREAS, the following changes are consistent with the City's Comprehensive Plan, and are
necessary to protect the health, safety, and welfare of the general public and the environment.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amendment. Spokane Valley Municipal Code section 17.100.030 is hereby
amended as set forth below.
17.100.030 Enforcement,authority,and administration.
A. In order to discourage public nuisances and otherwise promote compliance with applicable code
provisions,the City may, in response to field observations or reliable complaints,determine that
violations of this title have occurred or are occurring,and may:
1. Enter into voluntary compliance agreements with persons responsible for code violations;
2. Issue notice and orders, assess civil penalties, and recover costs as authorized by this chapter;
3. Require abatement by means of a judicial abatement 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;
4. Allow a person responsible for the code violation to perform community service in lieu of
paying civil penalties as authorized by this chapter;
5. Order work stopped at a site by means of a stop work order, and if such order is not complied
with, assesses civil penalties as authorized by this chapter;
6. Suspend, revoke, or modify any permit previously issued by the City or deny a permit
application as authorized by this chapter when other efforts to achieve compliance have failed; and
7.Forward a written statement providing all relevant information relating to the violation to the
office of the city attorney with a recommendation to prosecute willful and knowing violations as
misdemeanor offenses.
B. The procedures set forth in this chapter are not exclusive. These procedures shall not in any manner
limit or restrict the City from remedying or abating violations of this title in any other manner authorized
by law.
C. In addition to, or as an alternative to,utilizing the procedures set forth in this chapter,the City may
seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a
code violation.
D. In addition to,or as an alternative to, utilizing the procedures set forth in this chapter,the City may
assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County
district court or superior court by the office of the city attorney.
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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 compliance,the City shall have the authority to waive any
one or more such provisions so as to avoid substantial injustice.Any determination of substantial injustice
shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial
injustice cannot be based exclusively on financial hardship.
G. The City 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 court order,enter at reasonable times any building
or premises subject to the consent or court order to perform the duties imposed by this code. 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.
H. The City may request that the police,appropriate fire district, Spokane Regional Health District,or
other appropriate City department or other non-city agency assist in enforcement.(Ord. 07-015 § 4,
2007).
Section 2. Remainder of SVMC 17.100 Unchanged. The remaining provisions of SVMC
17.100 are unchanged by this amendment.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect five(5)days after
the date of publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this 19`"day of January,2010.
Thomas E.Towey,Mayor
dr, ' ff
City Clerk,Christine Bainbridge
Approved as to Form:
Office oAhe City A orney
Date of Publication: Jot 2- a c) ,'
Effective Date: g-J
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