Ordinance 03-078 Repeals 14.406 of Zoning Code; Establishes Code Compliance •
•
CITY OF SPOKANE VALLEY,
WASHINGTON ORDINANCE NO. 03-078
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REPEALING
CHAPTER 14.406 OF THE CiTY OF SPOKANE VALLEY ZONING CODE AND
ESTABLISHING ZONING CODE COMPLIANCE CHAPTER 14.406.
WHEREAS, The City of Spokane Valley, Washington adopted a Zoning Code to regulate the
orderly development of the City of Spokane Valley; and
WHEREAS, the existing code compliance provisions, Section 14.406, 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 ORDAINS AS FOLLOWS:
Section 1. Repeal. Section 14.406 of the City of Spokane Valley Zoning Code relating to
Zoning Code compliance is repealed in its entirety.
Section 2. New Zoning Code Compliance Section. The new Zoning Code Compliance
Section 14.406, as set forth in Attachment"A"to this Ordinance, is adopted.
Section 3. Severabilitv_. 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 live days after
publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as
provided by law.
Passed on this 9 day of September, 2003.
Mayor, Michael DeVleming
itfClerk, Christine Bainbridge 1
Approved As To rm:
l'- uty 'ity Attorney, Cary P. Driskell
Date of Publication: q f;--Q 3
Effective Date: --O 3
Ordinance 03-078 Zoning Code Page I of I
.
Proposed staff draft Zoning Cock'•:; mpliance for first reading 8-26-03—C. Drisk.__ •
8-19-03 with new language
Chapter 14.406
Zoning Code Compliance
14.406.005 - Name and intent.
14.406.010 - Statement of policy.
14.406.015 - Definitions.
14.406.020 - Relationship to Growth Management Plan.
14.406.025 - Declaration of public nuisance—misdemeanor,
14.406.030 - Enforcement, authority and administration.
14.406.035 - Guidelines for departmental responses to complaints.
14.406.050 - Initial investigation.
14.406.060 - Procedures when probable violation is identified.
14.406.070 - Service— citation, notice and order, and stop work order.
14.406.080 - Training and rulemaking.
14.406.090 - Obligations of persons responsible for code violation.
14.406.095 - Determination of compliance.
14.406.100 - Voluntary compliance agreement—authority.
14.406.110 - Voluntary compliance agreement—contents.
14.406.120 - Failure to meet terms of voluntary compliance agreement.
14.406.200 - Citations—authority.
14.406.210 - Citations—effect.
14.406.220 - Citation—contents.
14.406.230 - Citation—modification or revocation.
14.406.240 - Citation—remedy—civil penalties.
14.406.300 -Notice and order—authority.
14.406.305 -Notice and order—effect.
14.406.310 - Notice and order—contents.
14.406.320 -Notice and order—recording.
14.406.330 -Notice and order—supplementation, revocation, modification.
14.406.335 - Notice and order - administrative conference.
14.406.340 - Notice and order—remedies—suspension, revocation or limitation of
permit.
14.406.350 -Notice and order—remedies—denial of permit.
14.406.360 - Notice and order—remedies—abatement.
14.406.400 - Stop work order—authorized.
14.406.410 - Stop work order—effect.
14.406.420 - Stop work order—remedy—civil penalties.
14.406.430 - Stop work order—remedy—criminal penalties.
14.406.500 - Civil penalties —assessment schedule.
14.406.520 - Civil penalties—duty to comply.
14.406.530 - Civil penalties—community service.
14.406.540 - Civil penalties— waivers.
14.406.550 - Civil penalties—critical areas.
14.406.560 - Cost recovery.
14.406.570 - Collection of civil penalties, fees and costs.
14.406.580 - Abatement
14.406.590 - Code compliance abatement fund—authorized.
- 1 -
Proposed staff draft Zoning Cod�-.20mpliance for first reading 8-26-03—C. Drisl.L •
8-19-03 with new language
14.406.600 - Administrative appeals—standing- filing requirements.
14.406.610 - Administrative appeal —notice of hearing.
14.406.620 - Administrative appeal —procedures.
14.406.630 - Administrative appeal — final order.
14.406.640 - Judicial enforcement—petition for enforcement.
14.406.650 - Severability. •
14.406.660 - Effective date.
14.406.005 — Name and intent. 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 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 governed by regulation
should he used to accomplish this policy.
14.406.015— Definitions.
A. "abate" means to take whatever steps are deemed necessary by the Director to ensure 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 of any permit, notice and order or stop work order issued pursuant
to any such ordinance, resolution, regulation or public rule.
- 2 -
•
Proposed staff draft Zoning Coae-runtpliancc for first reading 8-26-03—C. Drisl •...
8-19-03 with new language
C. "The City" means the City of Spokane Valley, Washington.
D. "days" will be counted as business days when five or less days are allowed to do an act
required by this Ordinance. "days" will be considered calendar days when more than five days
are allowed to do an act required by this Ordinance.
E. "determination of compliance" means a written statement from the Director or designee
that the Director has reviewed evidence to determine that the violation(s) has been sufficiently
abated as to the violation(s) stated in the voluntary compliance agreement, citation, notice and
order or stop work order.
l�. "Director" means the Director of the Department of Community Development, or his or
her designee(s) authorized in writing.
G. "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.
H. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided
by City of Spokane Valley Ordinance number 57.
1. "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.
J. "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.
K. "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.
L. "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.
M. "public rule" means any rule properly promulgated to implement City civil code
provisions.
- 3 -
Proposed staff draft Zoning Coy ' :impliance for first reading 8-26-03—C. DrisV..
8-19-03 with new language
N. "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.
O. "resolution" for purposes of this chapter means any resolution adopted by the City of
Spokane Valley City Council.
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 consecutive 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 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. 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 -
Proposed staff draft Zoning Coc.`:�a:;'mpliance for first reading 8-26-03—C. Drisk '
8-19-03 with new language
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 relevant information relating to the
violation to the Office of City Attorney with a recommendation to prosecute willful and
knowing violations as a misdemeanor offense.
13. 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.
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
jurisdictional, 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
- 5 -
Proposed staff draft Zoning 'rnpliance for first reading 8-26-03—C. Drisk
8-19-03 with new language
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 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 damage or contamination.
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 chapter 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.
C. The Director is authorized to determine. based upon past complaints regarding a property,
subsequent field investigations, and other relevant criteria. whether a complaint is reliable. If the
Director determines a complaint is not reliable, the Director is not obligated to conduct a field
investigation.
14.406.050 — Initial investigation. This chapter sets forth guidelines for more specific
procedures to be used by the Director in implementing this chapter. The guidelines set forth in
this chapter 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 or alleged code violation. Low risk case complaints
should be acknowledged by sending a letter to the person(s) responsible for the code violation.
- 6 -
Proposed staff draft Zoning Cod. :;.npliance for first reading 8-26-03 —C. Drisi<-,.
8-19-03 with new language
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.
13. 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.
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.
13. 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 (5) days, and the site shall be
re-inspected within fourteen (14) days.
C. 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 seventy-two (72)
hours, 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.
D. 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.
E. Notice and orders should be issued in all high risk cases in which a voluntary compliance
agreement has not been entered into within two (2) days of notification by the Director. Notice
- 7 -
Proposed staff draft Zoning Code'cmpliance for first reading 8-26-03—C. Drisk•_.
8-19-03 with new language
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.
P. 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.
G. If the violation is not corrected, or a voluntary compliance agreement is not achieved
within fifteen (15) days of notification by the Director, a notice and order or stop work order
should be issued. Citations should be issued within fifteen (15) days from receipt of a complaint.
Notice and orders should be issued within twenty (20) days from receipt of a complaint. Stop
work orders should be issued promptly upon discovery of a violation in progress.
H. 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
- 8 -
Proposed staff draft Zoning Cod 'cpliance for first reading 8-26-03—C. DrisL .
8-19-03 with new language
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 violation occun-ed
or by serving the stop work order in any other manner permitted by this chapter.
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,
voluntary compliance agreement, citation, notice and order, or stop work order, as well as the
complainant, by certified mail, five-day return receipt requested.
- 9 -
Proposed staff draft Zoning Coc:.4. ..npliance for first reading 8-26-03—C. Drisk, •
8-19-03 with new language
14.406.100 — Voluntary compliance agreement—authority.
A. Whenever the Director determines that a code violation has occun-ed 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
chapter.
13. 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. Upon entering into a voluntary compliance agreement, a person responsible for a 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.
D. 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 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.
E. The voluntary compliance agreement is not a settlement agreement.
14.406.110—Voluntary compliance agreement—contents.
A. The voluntary compliance agreement is a written, signed commitment by the person(s)
responsible for a code violation in 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 if the Director determines that the terms of the
voluntary compliance agreement are not met, the City may, without issuing a citation,
- 10 -
Proposed staff draft Zoning Coc'_.___4mpliance for first reading 8-26-03—C. Drisk
8-19-03 with new language
notice and order or stop work order, impose any remedy authorized by this chapter, enter
the real property and perform abatement of the violation by the City, assess the costs
incurred by the City to pursue code compliance and to abate the violation, including
reasonable legal fees and costs, and the suspension, revocation or limitation of a
development permit obtained or to be sought by the person responsible for the code
violation;
7. An acknowledgement that if a penalty is assessed, and i f 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;
8. An acknowledgement that by entering into the voluntary compliance agreement,
the person responsible for the code violation thereby admits that the conditions described
in the voluntary compliance agreement existed and constituted a civil code violation; and
9. 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.
14.406.120—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 enter the real property and abate the
violation without seeking a judicial abatement order. The person responsible for code
compliance may, without being issued a citation, notice and order, or stop work order, be
assessed a civil penalty as set forth by this chapter, plus all costs incurred by the City to pursue
code compliance and to abate the violation, and may be subject to other remedies authorized by
this chapter. Penalties imposed when a voluntary compliance agreement is not met accrue from
the date 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 fifteen (15) 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 chapter.
However, such subsequent complaints shall not constitute a separate violation to which the
penalties of this chapter apply.
- 11 -
Proposed staff draft Zoning Cot;>`..`.mpIiance for first reading 8-26-03—C. DrisIe.
8-19-03 with new language
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 twenty (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.
D. Faihire to appeal the citation within twenty (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 who 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.
14.406.220— Citation —contents. The citation shall include all of 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 ordinance, resolution, regulation, public rule, permit
condition, notice and order provision or stop work order provision that was or is being violated;
E. A statement that the citation represents a determination that a civil code violation has
occurred and that the cited party is subject to a civil penalty;
F. A statement of the amount of the civil penalty assessed, that payment of the civil
penalties assessed under this chapter does not relieve a person found to be responsible for a code
violation of his or her duty to correct the violation and/or to pay any and all civil penalties or
other cost assessments issued pursuant to this chapter, and that the penalty must be paid within
twenty (20) days, if not appealed pursuant to SVZC 14.406.600-630;
- 12 -
Proposed staff draft Zoning Cod.`— mpliance for first reading 8-26-03—C. DrisIL
8-19-03 with new language
E. 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;
G. A statement advising that any person named in the citation, or having any record or
equitable title in the property against which the citation is issued may appeal from the citation to
the Hearing Examiner within twenty (20) days of the date of service of the citation;
H. A statement advising that a failure to appeal the citation within twenty (20) days renders
the citation a final determination that the conditions described in the citation existed and
constituted a civil code violation, and that the named party is liable as a person responsible for a
code violation; and
1. A statement advising that a willful and knowing violation may be referred to the Office
of the City Attorney for prosecution pursuant to SVZC 14.406.025.
14.406.230— Citation — modification or revocation.
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 and time limits 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.
14.406.300 — Notice and order— authority. When 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 (20) days of receiving a
complaint alleging a violation or otherwise discovering that a violation may potentially exist, or
within ten (10) 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
chapter. Issuance of a citation is not a condition precedent to the issuance o f a notice and order.
- 13 -
Proposed staff draft Zoning Coc.'_ �±.mpliance for first reading 8-26-03—C. DrisI.._
8-19-03 with new language
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 and other remedies that may be specified
in the notice and order.
13. 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 pursuant to
SVZC 14.406.500-580.
C. Any person identified in the notice and order as responsible for a code violation may
appeal the notice and order within twenty (20) 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.
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. A statement that a civil penalty is being assessed, including the dollar amount of the civil
penalties per separate violation, and that any assessed penalties must be paid within twenty (20)
days of service of the notice and order;
F. A statement advising that any costs of enforcement incurred by the City shall also be
assessed against the person to whom the notice and order is directed;
- 14 -
Proposed staff draft Zoning Cod.',,, „mpliance for first reading 8-26-03—C. Drisk;? .-
8-19-03 with new language
G. A statement that payment of the civil penalties assessed under this chapter does not
relieve a person found to be responsible for a code violation of his or her duty to correct the
violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to
this chapter;
A statement advising that the notice and order will be recorded against the property in the
Spokane County Auditor's Office subsequent to service;
1. 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 seek a judicial abatement
order from Spokane County Superior Court to abate the violation pursuant to SVZC 14.406.580;
K. 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;
L. A statement advising that any person named in the notice and order, or having any record
or equitable title in the property against which the notice and order is recorded may appeal from
the notice and order to the Hearing Examiner within twenty (20) days of the date of service of
the notice and order;
M. 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;
N. 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
0. A statement advising the person responsible for a code violation of his/her duty to notify
the Director of any actions taken to achieve compliance with the notice and order.
P. A statement advising that a willful and knowing violation may be referred to the Office
of the City Attorney for prosecution pursuant to SVZC 14.406.025.
14.406.320 — Notice and order.— recording.
A. When 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.
13. 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
- 15 -
Proposed staff draft Zoning Cor`.,.,,`; mplianc.e for first reading 8-26-03—C. Drisl
8-19-03 with new language
County Auditor's Office within five clays of receiving evidence of abatement. 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.
C. After all liens have been satisfied, the Director shall file a notice of satisfaction of lien
with the Spokane County Auditor's Office within five days of final payment to City.
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 and time limits 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—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
- 16 -
Proposed staff draft Zoning Coin_ ___,tmpliance for first reading 8-26-03—C. Drisl•.
3-19-03 with new language
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 area study that was the basis for establishing permit
or approval conditions.
13. 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.
14.406.350— 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 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.
14.406.360 — 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 seek a judicial abatement order pursuant to this chapter.
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.
- 17 -
Proposed staff draft Zoning Coil impliance for first reading 8-26-03—C. Drisl __
8-19-03 with new language
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.
13. 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.
D. Failure to appeal the stop work order within twenty (20) days 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 die 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
- 18 -
Proposed staff draft Zoning Co d.ter, .npliance for first reading 8-26-03—C.Dris0.._.
8-19-03 with new language
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 enalties ma be offset b ' the followin t compliance
1. full compliance with a voluntary compliance agreement $0-1,500
with prior history of 0-1 similar violations
2. full compliance with a voluntary compliance agreement 50-250
and a history of two or more prior similar violations
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. The intent of this subsection is to increase penalties beyond the maximum
penalties stated in SVZC 14.406.500(A) as an additional means to achieve timely compliance.
C. Citations shall be subject to a one-time penalty per violation. The Director retains
authority to issue a subsequent notice and order or stop work order for continued non-
compliance. In that event, additional penalties shall be imposed.
D. Civil penalties shall be paid within twenty (20) days of service of the citation, notice and
order or stop work order if not appealed. Payment of the civil penalties assessed under this
chapter does not relieve a person found to be responsible for a code violation of his or her duty to
correct the violation and/or to pay any and all civil penalties or other cost assessments issued
pursuant to this chapter.
E. The Director may suspend civil penalties pursuant to SVZC 14.406.500(A)(c) 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.
F. Civil penalties assessed create a joint and several personal obligation in all persons
responsible for a code violation.
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 against
the real property for the civil penalties assessed under this chapter if the violation was reasonably
related to the real property. Any such lien can be filed under this chapter if, after the expiration
of thirty (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.
- 19 -
Proposed staff draft Zoning Codr_..._._mpliance for first reading 8-26-03—C.
8-19-03 with new language
14.406.520 - Civil penalties — duty to comply. Persons responsible for a code violation have a
duty to notify the Director in writing of any actions taken to achieve compliance with the 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, notice
and order, or for failure to comply with the terms of a voluntary compliance agreement, 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.
The rate at which civil penalties are worked off under this subsection is $10.00 per hour. 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 basis for a decision 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.
B. The provisions of SVZC 14.406.550 are in addition to, and not in lieu of, any other
penalty, sanction or right of action provided by law for other related violations.
-20 -
Proposed staff draft Conine Coc'-. ,`mpl lance for first reading 8-26-03—C.Drisk,_ •
8-19-03 with new language
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 14.406.550, violation of the critical area ordinance means:
1. The violation of any provision of City Ordinance number 49 (Interim Critical
Areas Ordinance), or of the administrative rules promulgated thereunder. Ordinance
number 49 adopted Spokane County Code, chapter 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
b. code compliance costs (such amount not to exceed $25,000) incurred by
the city to enforce City Ordinance number 49 (Interim Critical Areas
Ordinance) against the person responsible for a code violation.
14.406.560 - Cost recovery.
A. In addition to the other remedies available under this chapter, upon issuance of a notice
and order or stop work order the Director shall charge the costs of pursuing code compliance and
- 21 -
Proposed staff draft Zoning Coe.,_j.mpliance for first reading 8-26-03—C. Drisk_ . •
8-I9-03 with new language
abatement incurred to correct a code violation to the person responsible for a code violation.
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 chapter; and
2. Administrative personnel costs. For purposes of SVZC 14.406, "administrative
personnel costs" shall include, but are not limited to administrative employee costs, both direct
and indirect, incurred to enforce the provisions of this chapter; and
3. Abatement costs. The Director shall keep an itemized account of costs incurred
by the City in the abatement of a 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.
13. Such costs are due and payable thirty (30) 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. 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 against the real property for the assessed costs identified in this
chapter if the violation was reasonably related to the real property. Such a lien shall be
substantially in accordance with the provision regarding mechanic's liens in RCW 60.04, and
said lien shall be foreclosed in the same manner as such liens.
E. Any lien filed shall be subordinate to all previously existing special assessment liens
imposed on the same property and shall be superior to all other liens, except for state and county
taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to
be filed for record within ninety (90) days from the later of the date that the monetary penalty is due
or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient
information regarding the notice of violation, a description of the property to be charged with the
lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from
time to time to reflect changed conditions. Any such lien shall bind the affected property for the
period as provided for by state law.
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, costs and/or interest owing under
this chapter.
• - 22 -
•
Proposed staff draft Zoning Cott_„ :mpliance for first reading 8-26-03—C. Drisk__ ..
8-19-03 with new language
14.406.580 - Abatement.
A. Emergency Abatement: Whenever a condition, the continued existence of which constitutes
an immediate threat to the public health, safety or welfare or to the environment, is found to exist,
the City may summarily and without prior notice abate the condition. Notice of such abatement,
including the reason for it, shall be given to the person responsible for the violation as soon as
reasonably possible after the abatement.
B. Judicial Abatement: The City may seek a judicial abatement order from Spokane County
Superior Court, as deemed necessary, to abate a condition which continues to be a violation of the
Spokane Valley Zoning Code where other methods of remedial action have failed to produce
compliance.
C. The City shall seek to recover the costs of abatement as authorized by this chapter.
14.406.590 - 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;
13. 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 (20) 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 (20) days
of service of the determination of compliance.
- 23 -
Proposed staff draft Zoning Cot',...nplianee for first reading 8-26-03—C.
8-19-03 with new language
E. Any administrative appeal considered under this chapter will be determined by the
Hearings Examiner pursuant to Spokane Valley Ordinance 57, unless in conflict with specific
provisions of this chapter, in which case the specific provisions of this chapter shall control.
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 Spokane Valley Ordinance 57
as adopted or hereafter amended.
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 issue a written
order containing 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.
13. 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.
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.
-24 -
Proposed staff draft Zoning Coci,:r.; rnpliance for first reading 8-26-03—C. Drisk
8-19-03 with new language
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 niay 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.
- 25 -